Mental Health Act 2007 (c. 12)

SCHEDULES

SCHEDULE 9 U.K. Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1 U.K. Other amendments to Mental Capacity Act 2005

Section 65: Rules, regulations and orders U.K.

11 [F1 (1) Section 65 is amended as follows. U.K.

(2) After subsection (4) insert—

“(4A) Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1.

(4B) If such a statutory instrument contains regulations under paragraph 42(2)(b), 129, 162 or 164 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4C) Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”]

Textual Amendments

F1 Sch. 9 para. 11 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 13