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

Appointment requirements for independent mental health advocates

4.—(1) The appointment requirements in regulation 3(4) and (5) are that a person—

(a) has appropriate experience or training or an appropriate combination of experience and training;

(b) is of integrity and good character; and

(c) will act independently of any person who

(i) requests that person to visit or interview the qualifying patient;

(ii) is professionally concerned with the medical treatment of the qualifying patient.

(2) In determining whether a person satisfies the appointment requirement in paragraph (1)(a) regard will be had to standards in guidance that may from time to time be issued by Welsh Ministers.

(3) For the purposes of paragraph (2) standards may include any qualification that Welsh Ministers may determine as appropriate.

(4) Before a determination is made for the purposes of paragraph (1)(b) in relation to any person, there must be obtained in respect of that person–

(a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(1); or

(b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act.

(5) For the purposes of section 130A(5) a person is not professionally concerned with the qualifying patient’s medical treatment if he or she—

(a) is acting, or has acted, as an IMHA for the qualifying patient in accordance with section 130B of the Act; or

(b) is representing or supporting, or has represented or supported, the qualifying patient other than in accordance with section 130B but is not otherwise involved in the qualifying patient’s treatment.

(6) In this regulation a person is employed by the provider of advocacy services if that person is–

(a) employed under a contract of service; or

(b) engaged under a contract for services.

(1)

1997 c. 50. Sections 113A to 113D are inserted by section 163 of the Serious Organised Crime and Police Act 2005 (c. 14).