Welsh Assembly Government

Mental Health Measure 2010 Updates

Local Primary Care Implementation Leads

Local Primary Care Implementation Leads will coordinate arrangements for implementing Part 1of the Measure within LHB and Local Authority areas.

They will be the key contacts for GPs and all other stakeholders.

The Local Implementation Leads have now been appointed. See below.

Final Regulations and Consultation Responses

In May 2011, the Welsh Assembly Government closed its consultation programme on three sets of Regulations made in connection with the Mental Health (Wales) Measure 2010.  These Regulations are concerned with:

• Part 2: Care coordination and care and treatment planning in secondary mental health services
• Part 3: Assessments of former users of secondary mental heatlh services
• Part 4: Independent mental health advocacy

On Monday 19 September 2011, the Minister for Health and Social Services laid before the National Assembly for Wales two sets of Regulations associated with Part 3 and Part 4 of the Measure, along with accompanying Explanatory Memoranda and Regulatory Impact Assessments. The Consultation Response Reports for Parts 3 and 4 are also available to download.

• Part 3 Regulations
• Part 3 Explanatory Memorandum and Regulatory Impact
• Part 3 Consultation Response Report
• Part 4 Regulations
• Part 4 Explanatory Memorandum and Regulatory Impact
• Part 4 Consultation Response Report

Regulations associated with Part 2 of the Measure will be posted here in due course.

Approval of Approved Clinicians Under the Mental Health Act 1983

The Welsh Assembly Government has issued new guidance for the approval of approved clinicians in Wales which took effect from 31 March 2011. The approval guidance is now available to download.  Any queries regarding this guidance should be addressed to Claire Fife at the Welsh Assembly Government in the first instance:  claire.fife@wales.gsi.gov.uk and regarding the approval process to Sue Parsonage at Betsi Cadwaladr University Health Board: Sue.Parsonage@wales.nhs.uk

Health and Social Care Bill - Amendments to the Mental Health Act 1983 and the Mental Capacity Act 2005

The UK Government published a Health and Social Care Bill, which makes a number of small amendments to both the Mental Health Act 1983 and the Mental Capacity Act 2005.

Because the Bill is largely concerned with the UK Government's plans for reform of the NHS in England, most amendments are consequential on those reforms and apply in relation to England.  Some changes also apply in relation to Wales,

Dr Sarah Watkins, Head of Mental Health and Vulnerable Groups Policy Division, Welsh Assembly Government has drafted a letter that outlines all of the changes.  The document can be downloaded here. 

There is more information on the clauses of the Bill and the Bill in general, on Parliaments website 

Older Posts

Development of Supplementary Approved Clinician Guidance for Wales . The Minister has now approved the review report on the Introduction of Approved Clinicians and has accepted all of the recommendations therein. Now that approval has been received from the Minister, further guidance can be developed by Officials.  Dr Helen Matthews, Chair, represents the Welsh Division on the Approved Clinician Supplementary Guidance Reference Group within the National Assembly for Wales.

Further details will be posted here regarding progress as they become available.

Mental Health Legislative Competence Order At a meeting of the Privy Council on Wednesday 10th February 2010, the Mental Health Legislative Competence Order received Royal Assent. This marks the successful conclusion of the legislative process in relation to the LCO, and means that the National Assembly for Wales now has the power to create its own legislation in relation to the assessment of mental health, the treatment of mental disorder, and the provision of advocacy for those experiencing mental health problems.

Welsh Assembly Government - further allocation of funds to NHS Wales through the Specialist CAMHS Planning Network's (SCPN's) On 1 December 2009, the Welsh Assembly have announced that the Direcorate for Children's Health and Social Services has secured a further allocation of recurrent funds for Specialist CAMHS for the financial year 2009-2010. Further information.

Welsh Assembly Government Consultation document on the draft Single Equality Scheme and action plans

Mental Health Act - secondary legislation

The Welsh Assembly Ministers have now laid certain secondary legislation before the National Assembly for Wales relating to the Mental Health Act 1983.  These are:

• The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008.
• The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008.
• The Mental Health (Conflicts of Interest) (Wales) Regulations 2008.
• The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008.

You can access copies of these here (look under the documents laid on 17th September)

At the same time the Welsh Ministers made the Mental Health (Nurses) (Wales) Order 2008.

The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 are the principal regulations dealing with the exercise of compulsory powers in respect of persons liable to be detained in hospital or under guardianship, together with community patients, under the Mental Health Act 1983.  The regulations prescribe the forms that are to be used in the exercise of powers under the Act, and these are set out in Schedule 1 of the Regulations.  Click here http://www.wales.nhs.uk/sites3/page.cfm?orgid=816&pid=33958 to access the form