The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008

Arrangements for independent mental health advocates

3.—(1) Subject to directions that may be given by Welsh Ministers, a Local Health Board will make such arrangements as it considers reasonable to enable IMHAs to be available to act in respect of a qualifying patient who—

(a) is liable to be detained in a hospital or registered establishment which is in the area of the Local Health Board;

(b) is subject to guardianship under the Act or is a community patient and is usually resident in the area for which the Local Health Board is established;

(c) qualifies under section 130C(3) of the Act and is usually resident in the area for which the Local Health Board is established.

(2) In making arrangements under paragraph (1) a Local Health Board may make arrangements with a provider of advocacy services.

(3) No person may act as an IMHA unless that person is approved by the Local Health Board or is employed by a provider of advocacy services to act as an IMHA.

(4) Before approving any person under paragraph (3) a Local Health Board must be satisfied that the person satisfies the appointment requirements in regulation 4.

(5) A Local Health Board must ensure that any provider of advocacy services with whom it makes arrangements under paragraph (2) is required, in accordance with the terms of that arrangement, to ensure that any person who—

(a) is employed by that provider of advocacy services, and

(b) is made available to act as an IMHA,

satisfies the appointment requirements in regulation 4.

(6) For the purposes of regulation 2(2) of the Local Health Boards (Functions) (Wales) Regulations 2003(1) a Local Health Board is not responsible for making arrangements in accordance with paragraph (1) in respect of a qualifying patient if that qualifying patient—

(a) is usually resident in the area for which the Local Health Board is established; and

(b) is liable to be detained in a hospital or registered establishment which is not in the same area in which he or she is usually resident.

(1)

S.I. 2003/150 (W.20).