Mental Health Bill [HL]

moved AmendmentNo. 95: 95: Clause 45, page 38, line 41, at end insert— ““( ) A statutory instrument containing an order under this section which makes provision by virtue of subsection (4)(b) (including provision within section 46) is subject to annulment in pursuance of a resolution of either House of Parliament.”” The noble Lord said: My Lords, I do not believe this amendment is controversial. It deals with the commencement of provisions in the Bill. The power in subsections (4)(b) and (5) of the clause, to make transitional provision to modify the application of the Bill will be used to make temporary modifications to the amendments being made in Schedule 4 to the Bill to the Administration of Justice Act 1960, the Courts-Martial (Appeals) Act 1968 and the Criminal Appeal Act 1968. As Clause 45 is currently drafted, orders made under it are not subject to the negative or affirmative resolution procedure. That is the usual practice with a commencement order. However, in its report on the Mental Health Bill, the Delegated Powers and Regulatory Reform Committee recommended that all orders that contain transitional or saving provision should be subject to the negative resolution procedure. The amendment will ensure that that happens. I beg to move. On Question, amendment agreed to. Clause 47 [Extent]: