MHA 1983 s143

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part X contents

130A, 130B, 130C, 130D, 130E, 130F, 130G, 130H, 130I, 130J, 130K, 130L, 131, 131A, 132, 132A, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 142A, 142B, 143, 144, 145, 146, 147, 148, 149

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Changes made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]


Law

General provisions as to regulations, orders and rules

143.—(1) Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2) Any Order in Council under this Act [or any order made [by the Secretary of State][1] under section 54A [or 68A(7)][1] [...][1] above][2] and any statutory instrument containing regulations [made by the Secretary of State, or rules made,][3] under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order shall be made [by the Secretary of State][1] under section [45A(10),][4] [68A(1)][1] or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament.

England Wales
[(3A) Subsections (3B) to (3D) apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006). [(3A) Subsections (3B) to [(3DB)][5] apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006).

(3B) Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument.

(3C) Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3D) No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales.

England Wales
(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.

(3E) In this section—

(a) references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and
(b) references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.][3]

[(4) This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.][6]

Amendments

  1. 1.0 1.1 1.2 1.3 1.4 Mental Health Act 1983; s37, s55 & sch 11; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. Criminal Justice Act 1991
  3. 3.0 3.1 Mental Health Act 2007 s47, Mental Health Act 2007 (Commencement No. 4) Order 2008 wef 1/4/08
  4. Crime (Sentences) Act 1997
  5. Mental Health (Wales) Measure 2010 s40; in force 3/1/12 'except in so far as it relates to Welsh qualifying informal patients' (Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011/3046 art 2(g)); in force 2/4/12 otherwise (art 3(g)); subject to the transitional provision that 'where a qualifying patient in Wales is receiving help under arrangements made under section 130A ... [f]rom 3/1/12 the help is to be treated as if it had been given under arrangements made under section 130E' (art 5)
  6. Constitutional Reform Act 2005