Commentary on provisions of the Act Section 40: Meaning of "serious and irreversible harm"
This section enables the Secretary of State, by regulations (subject to the affirmative procedure), to amend section 39 to make provision about the meaning of "serious and irreversible harm" for the purposes of this Act. Such regulations may not amend section 39(4) so as to remove any of the examples of serious and irreversible harm contained in that subsection when the Act was passed (subsection (3)).