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:
- The Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012
- The Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012
- The Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011
Subordinate legislation made under the Measure:
| Title | Citation number | Made date | Coming into force date | Supporting documents |
| The Mental Health (Secondary Mental Health Services) (Wales) Order 2012 | 2012 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 2012 | 2012 No. 1305 (W. 166) | 15 May 2012 | 1 October 2012 | Explanatory Memorandum |
| The Mental Health (Regional Provision) (Wales) Regulations 2012 | 2012 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 2011 | 2011 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 2011 | 2011 No. 2500 (W. 272) | 18 October 2011 | 6 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.
Related articles or material
- Mental Health (Wales) Measure 2010: leaflet | GOV.WALES
- The Mental Health Measure - Ten years on - Mind