Section 40 Procedures for making regulations under the Mental Health Act 1983I1I2

Section 143 of the Mental Health Act 1983 is amended as follows.

In subsection (3A), for “(3D)” substitute “ (3DB) ”.

After subsection (3D) insert–

“(3DA)

Subsection (3C) does not apply to regulations to which subsection (3DB) applies.

(3DB)

A statutory instrument which contains (alone or with other provisions) the first regulations to be made under any of the following provisions–

(a)

section 130E(2),

(b)

section 130E(4)(b),

(c)

section 130E(5)(b),

(d)

section 130F(2)(d),

(e)

section 130G(2)(c), or

(f)

section 130H(1)(b)(ii),

must not be made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the National Assembly for Wales.”