# Mental Health (Wales) Measure 2010, Section 49: Meaning of secondary mental health services

Extent: E+W

(1) Subject to the following provisions of this section, for the purposes of this Measure, a secondary mental health service is–
(a) a service in the form of treatment for an individual's mental disorder which is provided under Part 1 of the National Health Service (Wales) Act 2006;
(b) a service provided under section 117 of the Mental Health Act 1983;
(c) a community care service the main purpose of which is to meet a need related to an adult's mental health;
(d) a service provided for a child under sections 37 to 39 and Part 6 of the Social Services and Well-being (Wales) Act 2014 the main purpose of which is to meet a need related to that child's mental health.
(2) For the purposes of subsection (1), a service is not to be taken as provided under Part 1 of the National Health Service (Wales) Act 2006 if it is provided under–
(a) section 41 of that Act;
(b) a general medical services contract entered into by a Local Health Board under section 42 of that Act;
(c) arrangements for the provision of primary medical services entered into by a Local Health Board under section 50 of that Act;
(d) Schedule 1 to that Act.
(3) A service in the form of treatment for an individual's mental disorder includes a service that, in the opinion of the person providing or making arrangements for the provision of the service, is intended to treat a mental disorder that the individual receiving the service is suspected to have.
(4) The Welsh Ministers may, by order –
(a) specify other services that are to be regarded as secondary mental health services for the purpose of any provision of this Measure;
(b) provide that services that would otherwise be regarded as secondary mental health services for the purpose of any provision of this Measure are not to be so regarded.

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Source: https://www.legislation.gov.uk/mwa/2010/7/section/49 (the official version)
Page: https://openlegislation.uk/mental-health-wales-measure-2010/section-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.