Mental Health Act · s 74

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74.
Code of practice
(1) For the purpose of providing practical guidance with respect to the requirements of this Act relating to the admission, detention, lodging, care, treatment, rehabilitation, and protection of persons who are mentally disordered, the Minister may —
(a) issue one or more codes of practice;

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(b) approve as a code of practice any document prepared by any person if he considers the document as a suitable document for this purpose; and
(c) amend or revoke any code of practice issued or approved under this section.
(2) The power of the Minister under subsection (1)(a) or (b) to issue or approve as a code of practice shall include the power to issue or approve a part of such a code of practice or document.
(3) Where a code of practice is issued, approved, amended or revoked by the Minister under subsection (1), the Minister shall —
(a) publish a notice of such issue, approval, amendment or revocation, as the case may be, in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;
(b) specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be;
(c) ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —
(i) for inspection by members of the public free of charge;
and
(ii) for purchase by members of the public at a reasonable price.
(4) No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, shall have any force or effect as a code of practice until the notice relating thereto is published in accordance with subsection (3).
(5) If any provision of any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —
(a) shall have effect subject to the provisions of this Act; or
(b) having regard to the provisions of this Act, shall not have effect.

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(6) Any code of practice is deemed not to be subsidiary legislation.

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s 74Code of practice

(1)

For the purpose of providing practical guidance with respect to the requirements of this Act relating to the admission, detention, lodging, care, treatment, rehabilitation, and protection of persons who are mentally disordered, the Minister may —

(a)

issue one or more codes of practice;

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(b)

approve as a code of practice any document prepared by any person if he considers the document as a suitable document for this purpose; and

(c)

amend or revoke any code of practice issued or approved under this section.

(2)

The power of the Minister under subsection (1)(a) or (b) to issue or approve as a code of practice shall include the power to issue or approve a part of such a code of practice or document.

(3)

Where a code of practice is issued, approved, amended or revoked by the Minister under subsection (1), the Minister shall —

(a)

publish a notice of such issue, approval, amendment or revocation, as the case may be, in such manner as will secure adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice referred to in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be;

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —

(i)

for inspection by members of the public free of charge;

and

(ii)

for purchase by members of the public at a reasonable price.

(4)

No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, shall have any force or effect as a code of practice until the notice relating thereto is published in accordance with subsection (3).

(5)

If any provision of any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —

(a)

shall have effect subject to the provisions of this Act; or

(b)

having regard to the provisions of this Act, shall not have effect.

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(6)

Any code of practice is deemed not to be subsidiary legislation.