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Areas of Difference in Welsh Law and Procedure

Document Cited authorities 11 Cited in Related
Vincent
AuthorMichael Butler
Pages293-295

Appendix 1


Areas of Difference in Welsh Law and Procedure

Some significant areas where the Welsh law and procedure differs from the English are summarised as follows.

1.1 Code of Practice of the Mental Health Act 1983

Wales has its own MHA 1983 Code of Practice, which came into force on
3 November 2008. Although providing guidance on the same subject matter as the English one, and adopting broadly the same format, it is an entirely different document. One significant difference between the two, for example, is that, whereas the English Code is based on five guiding principles, the Welsh Code is based on nine; these, in turn, are based on four ‘underpinning principles’ (empowerment, equity, effectiveness, efficiency) derived from the Welsh Assembly Government mental health strategy, Adult Mental Health Services for Wales. Another difference is that the Welsh Code contains further guiding principles which apply specifically to the treatment and care of children and young people (Chapter 33), whereas the English Code does not.

1.2 Functions of the Secretary of State for Health

Various powers available to the SSH under the MHA 1983 have been transferred to the National Assembly for Wales, and are now exercisable by Welsh Ministers. These include the power under section 67 to refer the case of any unrestricted patient for a tribunal hearing, and the power under section 118 to prepare and revise the Welsh Code.

1.3 Mental health review tribunal for Wales

The independent judicial body which hears applications from, and references in respect of, patients subject to the MHA 1983 in Wales is the mental health

294 A Practitioner’s Guide to Mental Health Law

review tribunal for Wales. Practice and procedure is determined by the Mental Health Review Tribunal for Wales Rules 2008 (SI 2008/2705), broadly similar in content to the English rules.

1.4 Mental health regulations

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (SI 2008/1184) (see para 2.5) are of no application. Wales has its own set of regulations to accompany the MHA 1983 – the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 (SI 2008/2439) (W212). Wales, therefore, also has its own set of forms, prescribed by these regulations, for use by administrators, mental health professionals and clinicians in respect of admission to hospital, transfer, treatment, guardianship and...

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