Part X Miscellaneous and Supplementary
Miscellaneous provisions
130AF1Independent mental health advocates
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.