The Mental Health Act 1983 (Remedial) Order 2001

Statutory Instruments

2001 No. 3712

MENTAL HEALTH, ENGLAND AND WALES

The Mental Health Act 1983 (Remedial) Order 2001

Made

18th November 2001

Laid before Parliament

19th November 2001

Coming into force

26th November 2001

Whereas:

(a) sections 72(1) and 73(1) of the Mental Health Act 1983(1) have been declared(2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right(4);

(b) the time for bringing an appeal has expired and no appeal has been brought within that time;

(c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and

(d) it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998 hereby makes the following Order:

(1)

1983 c. 20.

(2)

By the Court of Appeal in the case of The Queen on the application of H v Mental Health Review Tribunal North & East London Region (Secretary of State for Health Intervening) 2001 EWCA Civ 415.

(3)

1998 c. 42.

(4)

See section 1(1) of the Human Rights Act 1998 for the definition of “Convention right” and section 21(1) of that Act for the definition of “Convention”.

(5)

See section 21(1) of the Human Rights Act 1998 for the definition of a “remedial order”.