The Welsh Ministers (Transfer of Functions) Order 2008

Transfer of Functions

2.  The following functions are, so far as exercisable in relation to Wales, transferred to the Welsh Ministers—

(a) functions under section 86 of the Mental Health Act 1983(1), except in relation to a patient who is subject to one or more of the following, namely—

(i) a restriction order made under section 41 of that Act;

(ii) a hospital direction made under section 45A(3)(a) of that Act;

(iii) a limitation direction made under section 45A(3)(b) of that Act; or

(iv) a restriction direction made under section 49 of that Act;

(b) functions under section 259 of, and Schedule 21 to, the National Health Service Act 2006(2).

(1)

1983 c.20. The functions of the Secretary of State under the Mental Health Act 1983 were, in so far as they are exercisable in relation to Wales, transferred to the National Assembly for Wales constituted under the Government of Wales Act 1998 (c.38) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Sections 41, 42, 45A(10) and (11), 45B to 51, 53, 71, 73 to 75, 80A, 81A, 82A, 83A, 84, 85A, 86, and Schedule 2, in relation to patients who are subject to Part 3 of that Act were transferred back to the Secretary of State by article 4 of and Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253). Functions of that Assembly have been transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

(2)

2006 c.41.