The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012 No. 2411 (W. 261) (C. 93)


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Statutory Instruments made by the National Assembly for Wales


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Welsh Statutory Instruments

2012 No. 2411 (W.261) (C.93)

MENTAL HEALTH, ENGLAND AND WALES

The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012

Made

15 September 2012

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 52(2) and 55(3) of the Mental Health (Wales) Measure 2010(1).

Title and interpretation

1.-(1) The title of this Order is the Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012.

(2) In this Order "the Measure" ("y Mesur") means the Mental Health (Wales) Measure 2010.

Provisions of the Measure coming into force on 1 October 2012

2. The following provisions of the Measure come into force on 1 October 2012-

(a)Section 3 (duty to provide local primary mental health support services);

(b)Section 6 (duties to carry out primary mental health assessments: referrals for registered patients in primary care);

(c)Section 7 (duties to carry out primary mental health assessments: other primary care referrals);

(d)Section 8 (duties to carry out primary mental health assessments: secondary mental health care referrals);

(e)Section 9 (conduct of primary mental health assessments);

(f)Section 10 (action following a primary mental health assessment);

(g)Section 17 (duty to coordinate provision of mental health services) in so far as it is not already in force;

(h)Section 18 (functions of the care coordinator) in so far as it is not already in force;

(i)Section 41 (cooperative and joint working between Local Health Boards and local authorities) in so far as it is not already in force;

(j)Section 42 (information sharing) in so far as it is not already in force;

(k)Section 43 (amendment of the Local Authority Social Services Act 1970) in so far as it is not already in force;

(l)Section 47 (regulations as to the individuals who may carry out primary mental health assessments and act as care coordinators) in so far as it is not already in force; and

(m)Section 48 (duty to review the Measure).

Lesley Griffiths

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

15 September 2012

Explanatory Note

(This note is not part of the Order)

This Order is made under sections 52(2) and 55(3) of the Mental Health (Wales) Measure 2010 ("the Measure"). Article 2 lists the provisions which are to come into force on 1 October 2012.

This Order commences the remainder of Part 1 of the Measure which requires the Local Health Boards and the local authority for a local authority area ("local mental health partners") to provide local primary mental health support services in accordance with a scheme agreed between the local mental health partners for that area or determined by the Welsh Ministers. Part 1 of the Measure also requires a primary mental health assessment of individuals to be undertaken in certain circumstances.

This Order also commences the remaining provisions of the Measure.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Measure have been brought into force in relation to England and Wales by a commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 18 May 20122011/3046 (W.321) (C.116)
Section 28 May 20122011/3046 (W.321) (C.116)
Section 48 May 20122011/3046 (W.321) (C.116)
Section 58 May 20122011/3046 (W.321) (C.116)
Section 118 May 20122011/3046 (W.321) (C.116)
Section 126 June 20122012/1397 (W.169) (C.52)
Section 136 June 20122012/1397 (W.169) (C.52)
Section 146 June 20122012/1397 (W.169) (C.52)
Section 156 June 20122012/1397 (W.169) (C.52)
Section 166 June 20122012/1397 (W.169) (C.52)
Section 176 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 186 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 196 June 20122012/1397 (W.169) (C.52)
Section 206 June 20122012/1397 (W.169) (C.52)
Section 216 June 20122012/1397 (W.169) (C.52)
Section 226 June 20122012/1397 (W.169) (C.52)
Section 236 June 20122012/1397 (W.169) (C.52)
Section 246 June 20122012/1397 (W.169) (C.52)
Section 256 June 20122012/1397 (W.169) (C.52)
Section 266 June 20122012/1397 (W.169) (C.52)
Section 276 June 20122012/1397 (W.169) (C.52)
Section 286 June 20122012/1397 (W.169) (C.52)
Section 296 June 20122012/1397 (W.169) (C.52)
Section 306 June 20122012/1397 (W.169) (C.52)
Section 313 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Section 323 January 20122011/3046 (W.321) (C.116)
Section 332 April 20122011/3046 (W.321) (C.116)
Section 343 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Section 353 January 20122011/3046 (W.321) (C.116)
Section 362 April 20122011/3046 (W.321) (C.116)
Section 373 January 20122011/3046 (W.321) (C.116)
Section 382 April 20122011/3046 (W.321) (C.116)
Section 393 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Section 403 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Section 416 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 426 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 438 May 2012 (partially)2011/3046 (W.321) (C.116)
6 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 443 January 20122011/3046 (W.321) (C.116)
Section 458 May 20122011/3046 (W.321) (C.116)
Section 466 June 20122012/1397 (W.169) (C.52)
Section 476 June 2012 (partially)2012/1397 (W.169) (C.52)
Section 53(1)3 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Section 543 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Schedule 13 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)
Schedule 23 January 2012 (partially)2011/3046 (W.321) (C.116)
2 April 2012 (fully)

See also section 55(1) of the Measure for the provisions that came into force on the date two months after which the Measure was approved by Her Majesty in Council.

(1)

2010 nawm 7.


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