The Mental Health Act 1983 (Remedial) Order 2001

sections 72(1) and 73(1) of the Mental Health Act 19831 have been declared2 under section 4 of the Human Rights Act 19983 to be incompatible with a Convention right4;

the time for bringing an appeal has expired and no appeal has been brought within that time;

the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order5 to make such amendments to the Mental Health Act 1983 as he considers necessary to remove the incompatibility; and

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;