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Mental Health Act 1983, Section 130A is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/04/2008
(1)The appropriate national authority shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients.
(2)The appropriate national authority may by regulations make provision as to the appointment of persons as independent mental health advocates.
(3)The regulations may, in particular, provide—
(a)that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;
(b)for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.
(4)In making arrangements under this section, the appropriate national authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.
(5)For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements—
(a)under section 35 of the Mental Capacity Act 2005; or
(b)of a description specified in regulations under this section.
(6)Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(7)Regulations under this section—
(a)may make different provision for different cases;
(b)may make provision which applies subject to specified exceptions;
(c)may include transitional, consequential, incidental or supplemental provision.]
Textual Amendments
F1Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)
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