The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/3166 |
| Year | 2008 |
2008 No. 3166
Mental Health, England
The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008
Made 9th December 2008
Laid before Parliament 16th December 2008
Coming into force 1st April 2009
The Secretary of State in exercise of the powers conferred by section 130A of the Mental Health Act 19831and by sections 7, 8, 14, 19, 75, 272(7) and (8) and 273(4) of the National Health Service Act 20062, makes these Regulations.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008.
(2) These Regulations shall come into force on 1st April 2009.
(3) These Regulations apply in relation to England only.
Interpretation
2. In these Regulations—
“the Act” means the Mental Health Act 1983;
“commissioning body” means a body, individual or group of individuals (or any combination of these) authorised under regulations 3 and 10 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 20023or regulation 4 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 20004to exercise section 130A functions;
“IMHA” means an independent mental health advocate;
“provider of advocacy services” means a person (including a voluntary organisation) that employs or engages individuals who may be made available to act as an IMHA but does not include a commissioning body;
“section 130A functions” means the Secretary of State’s functions under section 130A of the Act.
Directions in respect of section 130A functions
3.—(1) Where a commissioning body, in exercising section 130A functions, enters into arrangements with an individual who may be made available to act as an IMHA the Secretary of State directs that the commissioning body must be satisfied that the conditions set out in regulation 6 are satisfied.
(2) Where a commissioning body, in exercising section 130A functions, enters into arrangements with a provider of advocacy services the Secretary of State directs that such arrangements must include a term that the provider of advocacy services is satisfied that the conditions set out in regulation 6 are satisfied.
(3) The Secretary of State directs that a commissioning body, in exercising section 130A functions must, as far as reasonably practicable, have regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients in respect of whom that commissioning body may exercise those functions.
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
4. In regulation 5(b) (functions of NHS bodies) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000, for “and 117” substitute “, 117 and 130A”.
Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
5.—(1) The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation) after the definition of “prison”, insert—
““qualifying patient” has the same meaning as in section 130C of the Mental Health Act 1983;”.
(3) In regulation 3 (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts)—
(a)
(a) at the end of paragraph (7)(a)(i), delete “and”;
(b)
(b) after paragraph (7)(a)(ii), add—
“(iii)
“(iii) qualifying patients resident in Scotland, Wales or Northern Ireland who are present in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) above; and
(iv)
(iv) qualifying patients present in Wales who are liable to be detained under the Mental Health Act 1983 in a hospital or registered establishment in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) and (ii) above.”;
(c)
(c) after paragraph (11) add—
“12 In this regulation, “registered establishment” has the same meaning as in section 34(1) of the Mental Health Act 1983.”.
(4) In regulation 10 (arrangements by Primary Care Trusts for exercise of functions)—
(a)
(a) in paragraph (1) for “paragraphs (5)”, substitute “paragraphs (1A), (5)”;
(b)
(b) after paragraph (1), insert—
“1A A Primary Care Trust may not exercise jointly with an NHS trust any functions under section 130A of the Mental Health Act 1983.”.
(5) After the entry relating to section 121 of the Chronically Sick and Disabled Persons Act 19705in Part 2 of Schedule 1 (Secretary of State Functions exercisable by (A) Primary Care Trusts and (B) Strategic Health Authorities for Specified Purposes Only)—
(6) in column (1), add the following entry—
section 130A”;
(a)
(a) in column (2), add the following entry—
“Making such arrangements as considered reasonable to enable independent...
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