Search Legislation

Mental Health (Care and Treatment) (Scotland) Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Health (Care and Treatment) (Scotland) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Mental Health (Care and Treatment) (Scotland) Act 2003

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

SCHEDULE 1SThe Mental Welfare Commission for Scotland

(introduced by section 4)

This schedulenoteType=Explanatory Notes has no associated

Part 1 SMembership, proceedings etc.

1The Commission shall not be regarded as the servant or agent of the Crown, or as having any status, immunity or privilege of the Crown, nor shall its members or employees be regarded as civil servants, nor its property as property of, or held on behalf of, the Crown.S

2The Commission may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions; and without prejudice to that generality the Commission may in particular—S

(a)acquire and dispose of land and other property; and

(b)enter into contracts.

3(1)The Commission shall consist of the following members appointed by Her Majesty on the recommendation of the Scottish Ministers—S

(a)a member appointed to serve as convener;

(b)a minimum of three members, who have such qualifications, training and experience as may be prescribed by regulations, appointed to serve as medical commissioners; and

(c)other members who meet such other requirements as may be so prescribed.

(2)The person who holds the post of chief officer of the Commission shall—

(a)be a member ex officio of the Commission; and

(b)cease automatically to hold office as such member on ceasing to hold that post.

(3)The Scottish Ministers may, after consulting such persons, or groups of persons, as they consider appropriate, by order—

(a)amend sub-paragraph (1) above by—

(i)adding to that sub-paragraph categories of members; or

(ii)removing from it a category which is for the time being set out there;

(b)specify the number (including a minimum or maximum number) of—

(i)the members of the Commission; or

(ii)any category of member,

that may be appointed under sub-paragraph (1) above;

(c)specify the maximum term of appointment (including any reappointment) of a member appointed under that sub-paragraph; or

(d)amend sub-paragraph (2) above by adding to it further posts, the holders of which shall—

(i)be members ex officio of the Commission; and

(ii)cease to be such members on ceasing to hold such posts.

4(1)The provisions of this paragraph apply as respects a person appointed as member under paragraph 3(1) above.S

(2)Subject to the provisions of this schedule, the appointment shall be on such terms and conditions as the Scottish Ministers may determine.

(3)Subject to section 23 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), a person holds and vacates office as member in accordance with the terms of appointment of that person.

(4)A person may resign office as member at any time by notice to the Scottish Ministers.

5Subject to paragraph 3(3)(c) above, a person who ceases, otherwise than by virtue of section 23 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), to be a member of the Commission is eligible for reappointment.S

6The Commission shall pay—S

(a)to its members (and to the members of its committees and sub-committees who are not members of the Commission) such remuneration and allowances—

(i)on such terms; and

(ii)subject to such conditions,

as the Scottish Ministers may determine;

(b)to, or in respect of, persons who have been a member of it (or such members of committees and sub-committees as are mentioned in paragraph (a) above) such pensions, allowances and gratuities—

(i)on such terms; and

(ii)subject to such conditions,

as the Scottish Ministers may determine; or

(c)to any person who ceases, other than on the expiry of a term of office, to be a member of it, such compensation as the Scottish Ministers may determine.

7(1)Subject to sub-paragraphs (2) and (3) below, the Commission—S

(a)shall appoint a chief officer; and

(b)may appoint such other staff as it considers appropriate,

on such terms and conditions as it may, with the approval of the Scottish Ministers, determine.

(2)A member of the Commission may not be appointed as a member of its staff.

(3)The Commission shall obtain the approval of the Scottish Ministers before appointing a chief officer.

(4)The Commission may pay to the members of its staff, including its chief officer, (referred to in this paragraph collectively as “employees”) such remuneration and allowances as the Scottish Ministers may determine.

(5)The Commission may—

(a)pay, or make arrangements for the payment of;

(b)make payments towards the provision of; and

(c)provide and maintain schemes (whether contributory or not) for the payment of,

such pensions, allowances and gratuities to or in respect of such of its employees, or former employees, as the Scottish Ministers may determine.

(6)The reference in sub-paragraph (5) above to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of employment or reduction in remuneration.

(7)A determination under sub-paragraph (4) or (5) above may make different provision for different cases or descriptions of case.

8(1)Subject to sub-paragraph (2) below, regulations may make provision as to—S

(a)the appointment of and composition of committees and sub-committees of the Commission (including committees and sub-committees which consist of or include persons who are not members of the Commission);

(b)the procedure of the Commission and of any of its committees or sub-committees (including the constitution of a quorum and the validation of proceedings in the event of vacancies or of defects in appointment);

(c)the exercise of functions by any such committee or sub-committee;

(d)the delegation by the Commission of any of its functions to any of its committees, sub-committees, members or staff; and

(e)what functions the Commission shall not so delegate.

(2)Before making regulations under sub-paragraph (1) above, the Scottish Ministers shall consult such persons, or groups of persons, as they consider appropriate.

9The following provisions of the National Health Service (Scotland) Act 1978 (c. 29) shall continue to apply to the Commission as they apply to a Special Health Board—S

(a)section 85 (which makes provision for payment of funds by the Scottish Ministers towards expenditure attributable to performance of functions by the Board);

(b)section 85A(1) and (3) (which imposes corresponding financial duties on the Board); and

(c)section 86 (which provides for the keeping, transmission to Scottish Ministers and auditing, of accounts).

Part 2 STransitional provision

10(1)The Mental Health (Scotland) Act 1984 (c. 36) shall be amended as follows.S

(2)In section 2 (membership etc. of the Mental Welfare Commission)—

(a)in subsection (2), after “commissioners”, where it first occurs, insert “ appointed under subsection (4) of this section ”;

(b)in subsection (4), at the beginning, insert “ Subject to subsection (5A) of this section, ”;

(c)after subsection (5), insert—

(5A)The person who holds the post of chief officer of the Mental Welfare Commission shall—

(a)be a member ex officio of the Commission; and

(b)cease automatically to hold office as such member on ceasing to hold that post.; and

(d)in subsection (7), for “the said commissioners”, in both places where it occurs, substitute “ commissioners appointed under subsection (4) of this section ”.

(3)In section 6 (appointment and payment etc. of officers and staff)—

(a)at the beginning, insert—

(1)The Mental Welfare Commission shall appoint a chief officer on such terms and conditions as the Scottish Ministers may determine.

(2)Before appointing a chief officer under subsection (1) above, the Commission shall obtain the approval of the Scottish Ministers.

(3); and

(b)in subsection (3) (being the existing wording of the section)—

(i)in paragraph (a), after “appoint”, insert “ other ”; and

(ii)in paragraph (b)(ii), after “of”, insert “ its chief officer or in respect of ”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources