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The Mental Health (Nurses) (Wales) Order 2008

W.S.I. 2008/2441 · Made 15 September 2008

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MENTAL HEALTH, WALES

Made 15 September 2008

Coming into force 3 November 2008

The Welsh Ministers in exercise of the powers conferred by sections 5(4) and (7) and 143 of the Mental Health Act 1983f1 hereby make the following Order:—

Annotations to the whole text

Footnotes

f1

1983 c. 20 (as amended by the Mental Health Act 2007 c. 12).

Contents

  1. 1Title, commencement and application
  2. 2Prescribed classes of nurse for the purposes of section 5(4) of the Mental Health Act 1983
  3. 3Revocations
  4. Signature
  5. Explanatory note

1Title, commencement and application

The title of this Order is the Mental Health (Nurses) (Wales) Order 2008, it comes into force on 3 November 2008 and applies in relation to Wales.

2Prescribed classes of nurse for the purposes of section 5(4) of the Mental Health Act 1983

(1)

For the purposes of section 5(4) of the Mental Health Act 1983 (power to detain patient in hospital for maximum of 6 hours) a nurse of the prescribed class is a nurse registered in either Sub-Part 1 or Sub-Part 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001f1, provided that the registration of the nurse includes an entry as specified in paragraph (2).

(2)

An entry in the register as referred to in paragraph (1) is either:—

(a)

an entry indicating that the nurse’s field of practice is mental health nursing; or

(b)

an entry indicating that the nurse’s field of practice is learning disabilities nursing.

3Revocations

The Mental Health (Nurses) Order 1998f1 is revoked in relation to Wales.

Signature

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

15 September 2008

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Mental Health (Nurses) Order 1998. It prescribes the classes of nurse empowered under section 5(4) of the Mental Health Act 1983 (“the 1983 Act”) to detain, for up to six hours, a patient who is receiving treatment for mental disorder as a hospital in-patient. The Order reflects a change to the registration of nurses within the register maintained under article 5 of the Nursing and Midwifery Order 2001, which now provides for nurses to be registered by reference to an entry indicating their relevant field of practice and provides that for the purposes of section 5(4) such entries listed under either Sub-Parts 1 or 2 of the register must relate either to mental health or learning disabilities nursing.

A regulatory impact assessment has not been prepared.