109.Section 19 of the 2003 Act provides for the Mental Welfare Commission to provide Ministers with, and publish, statistical or other information relating to the discharge of its functions in accordance with directions given to it by Ministers.
110.Section 36 amends section 19 to provide a regulation making power to allow for regulations to be made setting out the information to be provided or published by the Commission, rather than this being in accordance with directions by Ministers. Section 36 requires that consultation take place before regulations are made. The regulations will be subject to affirmative procedure.