Lunacy Act, 1890

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Power to make rules.

338.—(1) It shall be lawful for the Commissioners, with the approval of the Lord Chancellor, by rules, to prescribe the books to be kept in institutions for lunatics and houses for single patients, and the entries to be made therein, and the returns, reports, extracts, copies, statements, notices, plans, documents, and information to be sent to the Commissioners or any authority or person, and the persons by whom, the times within which, and the manner in which, such entries, returns, reports, extracts, copies, statements, notices, plans, documents, and information are to be made and sent; and also by rules to prescribe forms for the purposes aforesaid in addition to or in substitution for any forms now in use.

(2) [¹] Subject to the preceding sub-section, the Lord Chancellor may make rules . . . for carrying this or any other Act relating to lunacy into effect, and also for regulating costs in relation thereto.

(3) Where by any Act already passed or hereafter to be passed any application in lunacy is directed or authorised to be made by petition, or in any other specified manner, the Lord Chancellor may by rule direct in what manner the application is to be made.

(4) The Lord Chancellor and a Secretary of State respectively may by rules provide for preventing interference or delay in the exercise of the ordinary jurisdiction of the judges of county courts and magistrates respectively by the transfer of petitions and notices or otherwise as such rules may direct.

(5) Subject to any rules made under this section, the existing rules shall, so far as applicable, continue in force.

(6) All rules made under the provisions of this section shall be laid before Parliament within three weeks after they are made if Parliament is then sitting, and, if Parliament is not then sitting, within three weeks after the beginning of the then next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act.

(7) A rule under the provisions of this section shall not come into operation until the expiration of one month after the same has been made and issued.[¹]

[¹ Extended by 54 & 55 Vict. c. 65, s. 27 (2).]

[¹ But see 56 & 57 Vict. c. 66, s. 1 (3).]