10. Memorandum from the Department
ACT 1983 (REMEDIAL)
1. The Department provides this explanatory
memorandum to assist the Joint committee on Human Rights.
2. This explanatory memorandum should be
read in conjunction with the explanatory notes accompanying the
Mental Health Act 1983 (Remedial) Order 2001 ("the Order").
3. The Order is subject to the "urgent"
procedure prescribed in paragraphs 2a and 4 of Schedule 2 to the
Human Rights Act 1998. The "urgent" procedure is an
affirmative procedure in that the Order is laid after making,
but cannot remain in force after a period of 120 days beginning
from the date the Order was made unless approved by each House
of Parliament within that period.
4. The Order was made on 18 November 2001
and shall come into force on 26 November 2001. The Department
does not consider that the Order comes into force unreasonably
soon in light of the JCHR's previously expressed view that the
remedying of an ECHR incompatibility in legislation which could
affect the liberty of the individual should be regarded as an
urgent matter. Further, the JCHR have previously expressed the
view that the change in law proposed is relatively simple and
5. The delay in the Order coming in to effect
is to allow the Department time to inform all the interested groups
of the change to the Mental Health Act 1983. In particular, the
Department needs to ensure that patient groups and Tribunal members
are aware of the changes and the timing of their implementation.
19 November 2001