MHA 1983 s130A
Change made by Mental Health Act 2007
- New Independent Mental Health Advocate scheme (April 2009)
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 34. Independent mental health advocacy [Note that the chapter number relates to the old Reference Guide] — chapter 34
- Mental Health Act 1983 Code Of Practice for England, 20. Independent mental health advocates
Independent mental health advocates[: England]
[130A.—(1) The [A local social services authority whose area is in England] shall make such arrangements as it considers reasonable to enable persons ("independent mental health advocates") to be available to help qualifying patients [for whom the authority is responsible for the purposes of this section].
(2) The [Secretary of State] may by regulations make provision as to the appointment of persons as independent mental health advocates.
(3) The regulations may, in particular, provide—
- (a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;
- (b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.
(4) In making arrangements under this section, [a local social services authority] shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.
(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements—
- (a) under section 35 of the Mental Capacity Act 2005; or
- (b) of a description specified in regulations under this section.
(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(7) Regulations under this section—
- (a) may make different provision for different cases;
- (b) may make provision which applies subject to specified exceptions;
- (c) may include transitional, consequential, incidental or supplemental provision.]
- Mental Health (Wales) Measure 2010 sch 1, paras 2, 3; (in force 3/1/12 'except in so far as it relates to Welsh qualifying informal patients' (Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011/3046 art 2(k); in force 2/4/12 'in so far as not already commenced' (same Order, art 3 (j)); subject to the transitional provision that 'where a qualifying patient in Wales is receiving help under arrangements made under section 130A, [f]rom 3/1/12 the help is to be treated as if it had been given under arrangements made under section 130E' (same Order, art 5)
- Health and Social Care Act 2012 s43; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013/160 (1/4/13)
- Mental Health Act 2007 s30; Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 (Wales only) wef 3/11/08; Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 (England) wef 1/4/09. For the purpose only of making regulations this section came into force in E&W on 1/4/08: Mental Health Act 2007 (Commencement No. 4) Order 2008.