Mental Health (Wales) Measure 2010

32 Further provision about independent mental health advocacy for Welsh qualifying compulsory patients W

After section 130E of the Mental Health Act 1983 insert–

“130F Arrangements under section 130E for Welsh qualifying compulsory patients

(1) The help available to a Welsh qualifying compulsory patient under arrangements under section 130E shall include help in obtaining information about and understanding–

(a) the provisions of this Act by virtue of which he is a qualifying compulsory patient;

(b) any conditions or restrictions to which he is subject by virtue of this Act;

(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;

(d) why it is given, proposed or discussed;

(e) the authority under which it is, or would be, given; and

(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

(2) The help available under the arrangements to a Welsh qualifying compulsory patient shall also include–

(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him;

(b) help (by way of representation or otherwise)–

(i) in exercising the rights referred to in paragraph (a);

(ii) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;

(iii) for patients who wish to complain about their care or treatment;

(c) the provision of information about other services which are or may be available to the patient;

(d) other help specified in regulations made by the Welsh Ministers.”

Commencement Information

I1 S. 32 in force in so far as not already in force at 3.1.2012 by S.I. 2011/3046, art. 2(b) (with art. 5)

I2 S. 32 partly in force; s. 32 in force at 15.2.2011 in so far as it confers power to make subordinate legislation see s. 55