Select Committee on Procedure First Report

Experience of remedial orders to date

6. So far one remedial order has been brought before Parliament. This is the Mental Health Act 1983 (Remedial) Order 2001, removing an incompatibility between the Mental Health Act and the Convention. The JCHR has reported on this.[3] A proposal for the order was laid on 19 July 2001. During the consultation period which followed, only a small number of responses was received; the JCHR comments that this was "probably an indication of the uncontroversial nature of the proposal".[4] On 15 October the relevant Minister, Jacqui Smith, announced that in response to comments from the JCHR she was withdrawing the proposal for a draft order, and instead laying an urgent-procedure order before Parliament. The order was made on 19 November; the JCHR reported on it in December, recommending that it be approved in the form in which it was originally laid; the first 60-day period expired on 3 February 2002, and the second (subject to sittings of the two Houses) will expire on about 25 April. Two days after the order was made, an approval motion was placed by the Government on the Remaining Orders; this has not yet been placed on the Effective Orders.

3   Sixth Report of Session 2001-02, Mental Health Act 1983 (Remedial) Order 2001 (HC 472/HL 57). Back

4   Ibid., para 5. Back

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