{
  "url": "https://openlegislation.uk/mental-health-act-1983-remedial-order-2001/introduction",
  "json_url": "https://openlegislation.uk/mental-health-act-1983-remedial-order-2001/introduction.json",
  "legislation": "uksi/2001/3712",
  "legislation_title": "The Mental Health Act 1983 (Remedial) Order 2001",
  "legislation_url": "https://openlegislation.uk/mental-health-act-1983-remedial-order-2001",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "MENTAL HEALTH, ENGLAND AND WALES\nMade 18th November 2001\nLaid before Parliament 19th November 2001\nComing into force 26th November 2001\nWhereas:\n(a) sections 72(1) and 73(1) of the Mental Health Act 1983 have been declared under section 4 of the Human Rights Act 1998 to be incompatible with a Convention right;\n(b) the time for bringing an appeal has expired and no appeal has been brought within that time;\n(c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and\n(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;\nNow, 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:",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1983 c. 20."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1998 c. 42."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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”."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "See section 21(1) of the Human Rights Act 1998 for the definition of a “remedial order”."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3712/introduction",
    "retrieved_at": "2026-10-29T07:22:14.214757+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}