National Preventive Mechanism Seventh Annual Report 2015–16 New legislation New legislation adopted and enacted during the year brought changes to many aspects of detention. • The Northern Ireland Mental Capacity Bill passed through the Northern Ireland Assembly over the course of the year, and was officially approved on 15 March 2016.41 This pioneering law introduces to Northern Ireland for the first time a legal framework governing capacity and incapacity, which is based on a presumption of capacity and requires decisions to be made based on a person’s best interests. It is the first law anywhere in the world to fuse mental health and mental capacity law. Further work will be required to develop a code of practice focusing on the requirements set out by the legislation. • The Mental Health (Scotland) Act 2015 received royal assent on 4 August 2015. It introduces a new right for patients in medium secure hospitals to appeal against being detained in conditions of excessive security. • The Criminal Justice (Scotland) Act 2016 received royal assent in January 2016 and made changes to procedures for the arrest and detention of people suspected of having committed a crime. It makes provisions relating to arrest, the period of custody, investigative liberation, legal advice, questioning and the rights of suspects. The legislation is not yet in force. • The Psychoactive Substances Act 2015 was given royal assent on 28 January 2016 and introduced new offences for production and supply of psychoactive substances, and a specific offence for possession on custodial premises. The draft legislation had been criticised by the government’s own Advisory Council on the Misuse of Drugs for, among other issues, its definition of a psychoactive substance, which failed to distinguish between potentially harmful and harmless substances.42 • The Social Care and Wellbeing (Wales) Act 2014 came into effect in April 2016 and is intended to transform social services in Wales. It provides a legal framework for improving the wellbeing of people who need care and support and carers who need support. • The Regulation and Inspection of Social Care (Wales) Act 2016 became law in January 2016. This law will have significant implications for Welsh NPM members and will begin to be implemented in April 2017. NPM members are working closely to help shape the code of practice that will be drafted to implement the law so that it supports their aims and objectives and ensures NPM responsibilities are recognised. • The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 came into force on 31 August 2015. Under this legislation, responsibility for monitoring prisons has passed to HM Chief Inspector of Prisons for Scotland and responsibility for monitoring legalised police cells has moved to Independent Custody Visitors in Scotland. 41. The Mental Capacity Act (Northern Ireland) 2016 received Royal Assent on 9 May 2016. 42. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441400/2-7-15-ACMD_advice_on_PS_Bill. pdf [accessed 01/11/16]. 22