The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020

Welsh Statutory Instruments

2020 No. 366 (W. 81) (C. 19)

Mental Health, Wales

Social Care, Wales

The Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020

Made

26 March 2020

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 87(4) of the Coronavirus Act 2020(1).

The Welsh Ministers are satisfied that the condition specified in section 87(5) of that Act, is satisfied in relation to the provisions commenced by these Regulations.

Title, application and interpretation

1.—(1) The title of these Regulations is the Coronavirus Act 2020 (Commencement No. 1) (Wales) Regulations 2020.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations, “the Act” means the Coronavirus Act 2020.

Provisions coming into force on 27 March 2020

2.  The following provisions of the Act come into force at 9 a.m. on 27 March 2020—

(a) section 10 (temporary modification of mental health and mental capacity legislation);

(b) Part 1 of Schedule 8 (introductory provision);

(c) paragraphs 11, 12 and 13 of Schedule 8 (constitution and proceedings of the Mental Health Review Tribunal for Wales).

Provisions coming into force on 1 April 2020

3.  Section 15 (local authority care and support) of, and Part 2 of Schedule 12 (powers and duties of local authorities in Wales) to, the Act come into force on 1 April 2020.

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

26 March 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Coronavirus Act 2020 (“the Act”).

Regulation 2 brings into force at 9 a.m. on 27 March 2020 section 10 of, Part 1 of and paragraphs 11, 12 and 13 of Schedule 8 to, the Act so that the Mental Health Review Tribunal for Wales does not have to comply with certain requirements under the Mental Health Act 1983. Part 1 of Schedule 8 contains introductory provision and paragraphs 11 and 12 remove the requirement that there must be at least three members to constitute a tribunal and provides that in specified circumstances cases may be determined without a hearing. Paragraph 13 provides that if the President of the Tribunal is temporarily unavailable the President of Welsh Tribunals may nominate another legal member to act as deputy.

Regulation 3 brings into force on 1 April 2020 section 15 of, and Part 2 of Schedule 12 to, the Act so that local authorities in Wales do not have to comply with certain duties in relation to meeting needs, and carrying out assessments, under the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”), and to modify duties to meet needs under the 2014 Act, until such time as regulations are in force under section 88 of the Act (power to suspend and revive provisions of the Act), or the Act is no longer in force.

(1)

2020 c.7.