Mental Health Act 1983 (C. 20)

as amended by Transfer of Function Order S.I. 2000/253; Health and Social Care Act 2001

Amended by:

Health Act 1999 (C. 8)
Health and Social Care Act 2001 (C. 15)
Government of Wales Act (Executive Powers) 2006 (C.32)

To make provision for the law relating to mentally discovered person.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part II:Compulsory admission to Hospital:

Powers to prescribe forms for the purposes of this Part and to prescribe classes of nurse and doctor.

Guardianship,

Power to prescribe guardianship forms and to regulate powers of guardians.
section 12A: Power to make regulations as to the circumstances in which there would be a potential conflict of interest in professional roles, in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales.
section 17F: Power to make regulations as to the circumstances and conditions for the transfer of recall patients to another hospital for hospitals in Wales.
Regulations as to the transfer of patients.
section 19A: Power to make regulations as to assignment of responsibility for community patients if the hospital is in Wales.
section 23: Order for discharge of a patient detained or subject to guardianship.
section 32: General power to make regulations for the purposes of Part II of the Act.

Part III: Patients concerned in criminal proceedings:

Hospital or guardianship orders:

section 37: Emergency directions for admission of patient to a hospital.

Part IV: Consent to treatment:

sections 57, 58 and 61: Power to make regulations and appoint medical practitioners for the carrying out of treatment with consent.
section 58A and 62: Power to specify other treatments than electro-convulsive therapy for which consent to treatment will be required where the treatment would be given in Wales..

Part V: Mental Health Review Tribunals:

section 65 and Schedule 2: Duty to constitute a Mental Health Review Tribunal for Wales and to give members remuneration and allowances.
section 64H: Power to prescribe the form of Part 4 certificates. Power to require the person in charge of the patient to report on the treatment and on the person's condition. Power to give notice at any time directing that a Part 4A certificate shall not apply to treatment given to a patient after a date specified in the notice, and the relevant section shall then apply to any such treatment as if that certificate had not been given.
sections 67 and 71: Power to refer patients to the Tribunal.
section 68A: Power from time to time to reduce periods under section 68.
section 68(4): Power to vary length of period of review of a patient.

Part III: Miscellaneous functions of the Secretary of State:

section 114: In relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, power to make regulations to provide for the giving of approval by local social services authority of approved mental health professionals".
section 118: Codes of practice for guidance. Duty to issue a statement of fundamental principles.
section 120: General review of protection of detained patients.
section 121(2): Powers of direction to Mental Health Act Commission.
section 122: Pocket money for in-patients in hospital.
section 130A: Duty to make such arrangements as it considers reasonable to enable persons (independent mental health advocates) to be available to help qualifying patients. Power by regulations to make provision as to the appointment of persons as independent mental health advocates.
section 130C: Duty to make and to publish arrangements to determine territory for the purpose of qualifying patients.
section 134: Regulations for the control of patients' correspondence.
section 134(3A): Power of the Secretary of State to prescribe by regulations for the description of "patient advocacy services and liaison service".
section 145: Power to aprove clinician as "approved clinician" for the purpose of the Act.

The following Ministerial functions under this Act are exercisable solely by the Presiding Officer of the National Assembly in relation to Wales namely:

section 141(1) and (9): Duty of PO who recieves a notification that an Assembly Member is authorised to be detained because of mental illness, to arrange for two doctors to examine the Member.

The following Ministerial functions under this Act are exercisable solely by the National Assembly in relation to Wales namely:

section 141(7) and (9): Duty to pay the doctors who carried out an examination under section 141their fees and expenses.
section 143(3C) and (3D): Power to annul regulations or an order made by the Welsh Ministers under section 68A(7). Power to approve by resolution a draft SI made by the Welsh Ministers under section 68A(1). In this section references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.

While Cardiff University has used all reasonable endeavours to ensure that information included in this Service is of high quality, no warranty, express or implied, is made as to the fitness for purpose and Cardiff University will not be held responsible for any consequence arising out of any inaccuracies or omissions. Individuals, organisations and companies which use this Service do so strictly on the understanding that no liability whatsoever either direct or indirect shall rest upon Cardiff University for the effects of any act, product, process or method that may be effected, produced or adopted by any party, notwithstanding that the formulation of such act, product, process or method may be based upon use of this Service.