View source for S130A text

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'''Independent mental health advocates[: England]'''<ref name="WM">[[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]] 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)</ref>

[130A.—(1)   The [A local social services authority whose area is in England]<ref name="HSC12">[[Health and Social Care Act 2012]] s43; [[Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013]] (1/4/13)</ref> 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].<ref name="HSC12"/>

(2)   The [Secretary of State]<ref name="WM"/> 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]<ref name="HSC12"/> 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.]<ref name="MHA">[[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]]. </ref>

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