Introductory text

MENTAL HEALTH, ENGLAND AND WALES

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^f1 have been declared^f2 under section 4 of the Human Rights Act 1998^f3 to be incompatible with a Convention right^f4;

(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^f5 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:

Annotations

Footnotes

f1: 1983 c. 20.
f2: 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.
f3: 1998 c. 42.
f4: 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”.
f5: See section 21(1) of the Human Rights Act 1998 for the definition of a “remedial order”.