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5.—(1) The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation) after the definition of “prison”, insert—
““qualifying patient” has the same meaning as in section 130C of the Mental Health Act 1983;”.
(3) In regulation 3 (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts)—
(a)at the end of paragraph (7)(a)(i), delete “and”;
(b)after paragraph (7)(a)(ii), add—
“(iii)qualifying patients resident in Scotland, Wales or Northern Ireland who are present in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) above; and
(iv)qualifying patients present in Wales who are liable to be detained under the Mental Health Act 1983 in a hospital or registered establishment in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) and (ii) above.”;
(c)after paragraph (11) add—
“(12) In this regulation, “registered establishment” has the same meaning as in section 34(1) of the Mental Health Act 1983.”.
(4) In regulation 10 (arrangements by Primary Care Trusts for exercise of functions)—
(a)in paragraph (1) for “paragraphs (5)”, substitute “paragraphs (1A), (5)”;
(b)after paragraph (1), insert—
“(1A) A Primary Care Trust may not exercise jointly with an NHS trust any functions under section 130A of the Mental Health Act 1983.”.
(5) After the entry relating to section 121 of the Chronically Sick and Disabled Persons Act 1970(1) in Part 2 of Schedule 1 (Secretary of State Functions exercisable by (A) Primary Care Trusts and (B) Strategic Health Authorities for Specified Purposes Only)—
(6) in column (1), add the following entry—
““Mental Health Act 1983—
section 130A”;
(a)in column (2), add the following entry—
“Making such arrangements as considered reasonable to enable independent mental health advocates to help qualifying patients”.
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