National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010

This Order ... provides the National Assembly for Wales with legislative competence in respect of the assessment of an individual’s mental health; the treatment of an individual who is mentally disordered; and advocacy services in respect of persons who are or may be mentally disordered. The competence does not extend to people subject to, or likely to be subject to, compulsory detention under the Mental Health Act 1983, except in relation to independent advocacy. Nor does it allow the Assembly to amend the provisions relating to compulsory treatment or the definition of mental disorder contained in the Mental Health Act 1983. [Extract from explanatory memorandum.] In force 11/2/10.

Explanatory Note

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

Article 2 inserts matter 9.2 and interpretation provisions into field 9 (health and health services) of Part 1 of Schedule 5 to the 2006 Act.

Matter 9.2 is about the assessment of mental health and treatment of mental disorder, excluding compulsory attendance for assessment or treatment, compulsory supervision, guardianship, consent to treatment or assessment, restraint and detention.

Article 3 inserts matter 15.10 and interpretation provisions into field 15 (social welfare) of Part 1 of Schedule 5 to the 2006 Act.

Matter 15.10 is about social care services connected to mental health, apart from the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.

A full regulatory impact assessment has not been produced for this instrument since the effect of this Order is only to confer competence on the National Assembly for Wales to legislate.

External links

National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 on OPSI website

House of Commons Welsh Affairs Committee Proposed National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2009: Government Response to the Committee's Fourteenth Report of Session 2008-09 - published 6/1/10

Draft SI on OPSI website

Explanatory memorandum on OPSI website