Mental Health Act 2007

54 Consequential provisions U.K.

(1) The Secretary of State may by order made by statutory instrument make supplementary, incidental or consequential provision for the purposes of, in consequence of, or for giving full effect to a provision of this Act.

(2) An order under subsection (1) may, in particular—

(a) amend or repeal any provision of an Act passed before, or in the same Session as, this Act;

(b) amend or revoke any provision of subordinate legislation made before the passing of this Act;

(c) include transitional or saving provision in connection with the coming into force of provision made by the order.

(3) In relation to provision which deals with matters with respect to which functions are exercisable by the Welsh Ministers—

(a) the power under subsection (1) is exercisable by the Secretary of State only with agreement of the Welsh Ministers, and

(b) the power under that subsection is also exercisable by the Welsh Ministers except that provision may not be made by virtue of subsection (2)(a).

(4) The amendments that may be made by virtue of subsection (2) are in addition to those made by or by virtue of any other provision of this Act.

(5) A statutory instrument containing an order under subsection (1) which makes provision by virtue of subsection (2)(a) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6) A statutory instrument containing any other order under subsection (1) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument containing an order under subsection (1) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(8) In subsection (2), “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).