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.
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".
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
Ibid., para 5. Back