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A Functions of the Welsh Ministers

Section in MHA 2007 / Section in MHA 1983 Function Description
8 / 118(2a) To include within the Code of Practice for Wales a statement of principles which should inform decisions under the Act
14 / 145(1) The function of approving persons to act as ACs for the purposes of the Act.
17 / 142a Power, exercisable jointly with the Secretary of State, to make regulations as to the territorial extent of approval for s12 doctors and approved clinicians
18 / 114(4) & (5) Power to prescribe by regulations matters relating to the approval of Approved Mental Health Professionals. The regulations may include such matters as the length of approvals, conditions attaching to approvals and the factors to be taken into account in determining whether a person has appropriate competence to act as an AMHP.
22 / 12a Power to prescribe by regulations as to the circumstances in which there would be a conflict of interests in respect of applications made by AMHPs and medical recommendations given by registered medical practitioners
27 / 58A(1)(b) Power to specify by regulation other forms of treatment to which the safeguards of s58A should apply
130a(2) & (3) Power by way of regulations to make provision for the appointment of persons as independent mental health advocates (IMHAs). The regulations may make provision for the circumstances and any conditions in which an IMHA may act as such, and for the appointment of IMHAs
30 / 134(3a) Power to prescribe by regulations descriptions of arrangements relating to independent advocacy services which may be included for the purposes of section 134(3).
32 / 17f(2) Power to prescribe by regulations the circumstances in which and conditions subject to which a recalled patient may be transferred to any hospital.
Section in MHA 2007 / Section in MHA 1983 Function Description
32 / 20A(4)(b) Power to prescribe by regulations the form of the report which a RC must furnish to hospital managers, where it appears to that RC that the conditions in section 20A(6) have been met.
35 / 64h(2) Power to prescribe by regulations the form of the “Part 4A certificate”.
35 / 64h(4) Power to require a report on a patient’s treatment and condition where that treatment is given in accordance with a Part 4A certificate.
35 / 64h(5) Power to give notice directing that a Part 4A certificate shall not apply after a specific date.
37 / 68a(1) Power to shorten by order the time periods set out in sections 68(2) and (6), within which hospital managers must refer patients’ cases to the MHRT.
37 / 68a(2) Power to include in any order made under section 68A(1) such transitional, consequential, incidental or supplemental provision as the Assembly thinks fit.
37 / 68a(7) Power by order to make provision in consequence of any order made by the Secretary of State under section 68A(1) reducing time periods for referral to the MHRT for England.
Schedule 3 / 19A(1) Power to prescribe by regulations the circumstances in which and conditions subject to which a community patient may be assigned to any hospital.
Schedule 3 / 67(1) Power to refer the case of any community patient to the MHRT.
Schedule 5 / 80ZA(1) If it appears that specified conditions are met, power to authorise the transfer of responsibility for a community patient to a hospital in Scotland.
Schedule 5 / 81ZA If it appears that specified conditions are met, power to authorise the transfer of responsibility for a community patient to a hospital in Northern Ireland.
Schedule 5 / 83ZA(3) If it appears that specified conditions are met, power to authorise the transfer of responsibility for a community patient to a hospital in the Channel Islands or the Isle of Man as the case may be.

Deprivation of Liberty Safeguards

Paragraph in Schedule A1 MCA 2005 (inserted by Schedule 7 in the Mental Health Act 2007) Function Description
Para 21 The function of supervisory body in relation to hospitals, with power to give standard authorisation to deprive persons of liberty.
Para 31 Power to prescribe in regulations information required in requests for standard authorisations.
Para 33 Power to prescribe in regulations the timescales for assessors to carry out assessments for standard authorisations.
Para 47 Power to provide in regulations a requirement that eligibility assessors must require best interests assessors to provide relevant eligibility information.
Para 77 Power to extend the period of urgent authorisation
Para 95 The function of reviewing standard authorisations.
Para 129 Power to prescribe in regulations as to the number and kind of persons that may carry out assessments, including their qualifications, experience and independence. The regulations may also require assessors to hold liability insurance.
Paras 138 and 142 to 152 Power to make regulations about the selection and appointment of representatives and provision regarding the monitoring of contact between representatives and relevant persons.
Paras 163 Power to make regulations to enable monitoring and reporting on the operation of provisions under Schedule 7 and to direct one or more persons or bodies to monitor and report on the operation of the provisions.
Para 164 Power to make regulations requiring the supervisory body and managing authority to disclose information.
Para 165 Power to direct LHBs to exercise supervisory functions.
Paras 166 to 168 Power to make further provision about the exercise of supervisory functions, including power to vary or revoke directions.
Para 173 Power to determine questions arising as to residence and to make regulations about the determination of residence (as set out in paragraph 183).
Para 184 Power to make regulations about the carrying out of functions where the supervisory body and managing authority are the same body.