SCHEDULES

SCHEDULE 9Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005

Part 1Other amendments to Mental Capacity Act 2005

Section 65: Rules, regulations and orders

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F1(1)

Section 65 is amended as follows.

(2)

After subsection (4) insert—

“(4A)

Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1.

(4B)

If such a statutory instrument contains regulations under paragraph 42(2)(b), 129, 162 or 164 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4C)

Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”