Changing the burden of proof in mental health review tribunals: the Mental Health Act 1983 (Remedial) Order 2001

Abstract

Whereas: (a) sections 72(1) and 73(1) of the Mental Health Act 1983(1) have been declared(2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right(4); (b) the time for bringing an appeal has expired and no appeal has been brought within that time; (c) the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and (d) it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament; Now, therefore, the Secretary of State in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998 hereby makes the following Order: