Mental Health Bill [HL]

moved Amendment No. 74: 74: Clause 39, page 37, line 3, leave out subsections (10) and (11) and insert— ““(10) If any function of making subordinate legislation conferred by virtue of any provision of this Part of this Act is transferred to the Welsh Ministers (whether by virtue of subsection (9) or otherwise)— (a) paragraphs 34 and 35 of Schedule 11 to the Government of Wales Act 2006 do not apply; and (b) subsections (11) and (12) apply instead. (11) If a relevant statutory instrument contains regulations under paragraph 122, 154 or 155 of Schedule A1 to the Mental Capacity Act 2005 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales. (12) Subject to that, a relevant statutory instrument is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (13) In subsections (11) and (12) ““relevant statutory instrument”” means a statutory instrument containing subordinate legislation made in exercise of a function transferred as mentioned in subsection (10).”” The noble Baroness said: My Lords, I shall speak also to Amendment No. 84. I want to move government amendments that enable all the regulations relating to deprivation of liberty assessments to be made in the same set of regulations that must be laid before, and approved by, each House of Parliament. As noble Lords are aware, as things stand, mostof the regulations relating to deprivation of liberty assessments must be made under the affirmative resolution procedure. However, the Mental Health Bill provides that some regulations relating to the deprivation of liberty assessment procedure are tobe made under the negative procedure; namely, prescribing the period or periods within which assessors must carry out assessments; prescribing any information that a best-interests assessor must provide to an eligibility assessor; and modifying the usual deprivation of liberty assessment procedure when the supervisory body and managing authority are the same; for example, when a local authority provides a care home. The aim is to make things easier for everyone, and supervisory bodies in particular, in that they willbe able to access all the regulations relating to deprivation of liberty assessments in one place. Where the assessment regulations are made in one set, as will be the case under this amendment, they will all be subject to the same level of parliamentary scrutinyfor England—that is, the affirmative procedure. In Wales, the regulations will be subject to equivalent procedures by the National Assembly for Wales. I beg to move. On Question, amendment agreed to. [Amendment No. 75 not moved.] Schedule 6 [Mental Capacity Act 2005: new Schedule A1]: