Mental Health Act 1983 (as amended)
Edit/add commentary Law as at 19/11/11
Part X contents
130A, 130B, 130C, 130D, 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
Overview of the MHA 1983 Plain text for printing Statute Law Database
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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.
[(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).
(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.
(3E) In this section—
[(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.][5]
Amendments