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Mental Health (Wales) Measure 2010

The Mental Health (Wales) Measure 2010 (‘the Measure’) is intended to ensure that where mental health services are delivered, they focus more appropriately on people’s individual needs. The Measure has six Parts, with Parts 1 to 4 placing new legal duties on Local Health Boards and local authorities to improve service delivery: 

•    Part 1 seeks to ensure more mental health services are available within primary care; 
•    Part 2 gives all people who receive secondary mental health services the right to have a Care and Treatment Plan; 
•    Part 3 gives all adults who are discharged from secondary mental health services the right to refer themselves back to those services; 
•    Part 4 offers every in-patient access to the help of an independent mental health advocate.

The Explanatory Notes to the Measure provide detailed commentary on the various provisions.

Coming into force

Part 6 (apart from sections 53(1) and 54) and the provisions of the Measure that confer a power to make regulations or an order came into force at the end of the two month period following Royal Approval (in other words on 15 February 2011), in accordance with section 55(1) and (2).

The remaining provisions of the Measure come into force in accordance with provision made by the Welsh Ministers by order, in accordance with section 55(3).

The following Orders have been made:

Subordinate legislation made under the Measure:

TitleCitation numberMade dateComing into force dateSupporting documents
The Mental Health (Secondary Mental Health Services) (Wales) Order 20122012 No. 1428 (W. 178)29 May 2012    6 June 2012    Explanatory Memorandum
The Mental Health (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 20122012 No. 1305 (W. 166)15 May 2012 1 October 2012    Explanatory Memorandum
The Mental Health (Regional Provision) (Wales) Regulations 20122012 No. 1244 (W. 152)    8 May 2012   8 May 2012 and   
6 June 2012    
Explanatory Memorandum
The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 20112011 No. 2942 (W. 318)6 December 2011 6 June 2012    Explanatory Memorandum
The Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 20112011 No. 2500 (W. 272)18 October 20116 June 2012  Explanatory Memorandum
Code of Practice to Parts 2 and 3 of the 
Mental Health (Wales) Measure 2010
  6 June 2012     

Consideration of the legislation by the Senedd

The Measure was introduced on 22 March 2010 by Edwina Hart AM, who was the Minister for Health and Social Services at the time. The Measure was passed by Senedd Cymru (known then as the National Assembly for Wales) on 2 November 2010.

More information about the Measure is available on the Senedd website including a record of the passage of the Measure through the Senedd and the Explanatory Memorandum which was prepared by the Welsh Government (as amended after Stage 2). 

The Measure received Royal Approval on 15 December 2010.

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Published on
Last updated
20 February 2024