Mental Health Act 1983

143 General provisions as to regulations, orders and rules.U.K.

(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 [F1or any order made under section 54A [F2or 65]above]and any statutory instrument containing regulations or rules made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)No order shall be made under section [F345A(10),]68(4) or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament.

[F4(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.]

Textual Amendments

F1Words in s. 143(2) inserted (E.W) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 27(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F2Words in s. 143(2) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(13)

F3Words in s. 143(3) inserted (E.W) (1.10.1997) by 1997 c. 43, ss. 55, 57(2), Sch. 4 para. 12(18); S.I. 1997/2200, art. 2