(1)[F3A local social services authority whose area is in England] shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients [F4for whom the authority is responsible for the purposes of this section].
(2)The [F5Secretary of State] 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, [F6a local social services 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)
F2Word in s. 130A title inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 2; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)
F3Words in s. 130A(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(1)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 130A(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(1)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 130A(2) substituted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 3; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)
F6Words in s. 130A(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)