Search Legislation

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

What Version

 Help about what version

Advanced Features

 Help about advanced features

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:

SCHEDULE 1SThe Mental Welfare Commission for Scotland

(introduced by section 4)

This schedule has no associated Explanatory Notes

Part 1SMembership, 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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 1 para. 1 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 2 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[F1MembershipS

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 1 paras. 2A-2E and cross-headings inserted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 4; S.S.I. 2010/221, art. 3(2)(3), sch.

2A(1)The Commission is to consist of the following members—S

(a)a person appointed by the Scottish Ministers to chair the Commission; and

(b)no fewer than 6 nor more than 8 other members appointed by the Scottish Ministers.

(2)The Scottish Ministers may by order amend sub-paragraph (1)(b) by substituting for the minimum or maximum number of members for the time being specified there such other number as they think fit.

2B(1)In appointing members, the Scottish Ministers are to have regard to the desirability of including—S

(a)persons who have experience of, and have shown capacity and capability in, the provision of services to those who have a mental disorder;

(b)persons who use, or have used, such services;

(c)persons who are, or have been, carers of those who have a mental disorder;

(d)persons who have such other skills, knowledge or experience as the Scottish Ministers consider to be relevant in relation to the exercise of the Commission's functions.

(2)In appointing members under paragraph 2A(1)(b), the Scottish Ministers must appoint at least—

(a)one person who falls within paragraph (b) of sub-paragraph (1) of this paragraph; and

(b)one person who falls within paragraph (c) of sub-paragraph (1) of this paragraph.]

[F1 Terms of appointment etc. S

2C(1)Each member of the Commission is to be appointed for such period as the Scottish Ministers think fit.S

(2)A member—

(a)holds and vacates office in accordance with the terms and conditions of appointment; but

(b)may, by written notice to the Scottish Ministers, resign office as a member.

(3)A person is, on ceasing to be a member, eligible for reappointment.]

[F1Removal of membersS

2DThe Scottish Ministers may, by written notice, remove a member from office if they are satisfied that—S

(a)the member—

(i)has been adjudged bankrupt;

(ii)has granted a trust deed for creditors or a composition contract;

(iii)has proposed a voluntary arrangement which has been approved;

(b)the member's estate has been sequestrated;

(c)the member has been absent from 3 consecutive meetings of the Commission without the permission of the Commission;

(d)the member is otherwise unfit or unable to discharge the functions of a member.]

[F1Disqualification from membershipS

2EA person is disqualified from appointment, and from holding office, as a member of the Commission if that person is—S

(a)a member of the Scottish Parliament;

(b)a member of the House of Commons;

(c)a member of the European Parliament.]

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3Sch. 1 para. 3 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I4Sch. 1 para. 3 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I5Sch. 1 para. 4 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I6Sch. 1 para. 5 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 1 para. 6 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

7(1)Subject to sub-paragraphs (2) and (3) below [F5and paragraph 10A], the Commission—S

(a)shall appoint a chief [F6executive ]; 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 [F7executive].

(4)The Commission may pay to the members of its staff, including its chief [F8executive], (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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in sch. 1 para. 7(1) inserted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 5(a); S.S.I. 2010/221, art. 3(2)(3), sch.

F6Word in sch. 1 para. 7(1)(a) substituted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 5(b); S.S.I. 2010/221, art. 3(2)(3), sch.

F7Word in sch. 1 para. 7(3) substituted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 5(c); S.S.I. 2010/221, art. 3(2)(3), sch.

F8Word in sch. 1 para. 7(4) substituted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 5(d); S.S.I. 2010/221, art. 3(2)(3), sch.

Commencement Information

I8Sch. 1 para. 7 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

[F9Commission VisitorsS

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Sch. 1 paras. 7A-7I and cross-headings inserted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 7; S.S.I. 2010/221, art. 3(2)(3), sch.

7A(1)The Commission must appoint such staff, employed under paragraph 7(1)(a) or (b), to exercise the functions of Commission Visitors; and when doing so those staff are to be known as Commission Visitors.S

(2)The Commission may arrange for such other persons as it thinks fit to be appointed as and exercise the functions of Commission Visitors; and when doing so those persons are to be known as Commission Visitors.

(3)There may be no more than 10 Commission Visitors appointed by the Commission under sub-paragraph (2).

(4)The Scottish Ministers may by order amend sub-paragraph (3) by substituting for the maximum number of Commission Visitors for the time being specified there such other number as they think fit.

(5)In appointing Commission Visitors, the Commission is to have regard to the desirability of appointing—

(a)persons who have experience of, and have shown capacity and capability in, the provision of services to those who have a mental disorder;

(b)persons who use, or have used, such services;

(c)persons who are, or have been, carers of those who have a mental disorder;

(d)persons who have such other skills, knowledge or experience as the Commission considers to be relevant in relation to the exercise of the functions of Commission Visitors.

(6)In appointing Commission Visitors, the Commission must appoint at least—

(a)one person who falls within paragraph (b) of sub-paragraph (5); and

(b)one person who falls within paragraph (c) of sub-paragraph (5).

(7)In this Act (unless the context otherwise requires), any reference to a function of a Commission Visitor (or the functions of Commission Visitors) is a reference to a function conferred by this Act or any other enactment.]

[F9Commission Visitors: further provisionS

7B(1)The arrangements entered into by virtue of paragraph 7A(2) may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.S

(2)Persons appointed as Commission Visitors by virtue of paragraph 7A(2) are not members of staff of the Commission.]

[F9Medical VisitorsS

7C(1)In appointing Commission Visitors, the Commission must appoint one or more persons who have such qualifications, training and experience as may be prescribed by regulations for the purposes of carrying out the functions of Commission Visitors under section 15 of this Act.S

(2)Persons so appointed may also be known as Medical Visitors.]

[F9CommitteesS

7D(1)The Commission may establish committees for any purpose relating to its functions.S

(2)Subject to sub-paragraph (7), the Commission is to determine the composition of its committees.

(3)The Commission may appoint persons who are not members of the Commission to be members of a committee.

(4)A committee of the Commission is to comply with any directions given to it by the Commission.

(5)The Commission must establish at least one committee (an “advisory committee”) for the purpose of giving advice to it about matters connected to its functions.

(6)In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by any advisory committee (whether or not given at its request).

(7)An advisory committee must include persons of a description as may be prescribed by regulations.]

[F9Procedure and meetingsS

7E(1)The Commission may determine its own procedure and that of its committees, including a quorum for meetings.S

(2)The validity of any proceedings of the Commission, or any of its committees, is not affected by a vacancy in membership nor by any defect in the appointment of a member.

(3)Members of the Scottish Executive and persons authorised by the Scottish Ministers may attend and take part in meetings of the Commission or any of its committees, but are not entitled to vote at such meetings.]

[F9Exercise of certain functions etc.S

7F(1)A member of the Commission may not—S

(a)exercise the functions of a Commission Visitor;

(b)be appointed as a Commission Visitor.

(2)The chief executive may not be a member of the Commission.

(3)A member of staff of the Commission (other than a Commission Visitor) may not exercise the functions of a Commission Visitor.

(4)An appointment as a Commission Visitor under paragraph 7A(1) does not affect the appointed person's—

(a)status as employed under paragraph 7(1)(a) or (b); or

(b)ability to perform the duties of the person as so employed.]

[F9Delegation of functionsS

7G(1)The Commission may, subject to sub-paragraphs (2), (3) and (4), authorise—S

(a)the chief executive;

(b)any other employee;

(c)any of its committees,

to exercise such of its functions, and to such extent, as it may determine.

(2)The Commission may not authorise any of the following functions to be exercised by any other person—

(a)the functions of the Commission under section 12 (investigations: further provision);

(b)the approval of any acquisition or disposal of land or other property with a value greater than £50,000 or such other amount as the Commission may, with the consent of the Scottish Ministers, determine;

(c)the approval of annual reports and accounts;

(d)the approval of any budget or other financial plan.

(3)Any function conferred on a Commission Visitor may not be delegated by the Commission.

(4)Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions.

(5)The chief executive may, with the consent of the Commission, authorise—

(a)any other employee;

(b)any of the Commission's committees,

to exercise such of the chief executive's functions, and to such extent, as the chief executive, with such consent, may determine.

(6)Sub-paragraph (5) does not affect the responsibility of the chief executive for the exercise of the chief executive's functions.]

[F9Mandatory delegation of functions to chief executiveS

7H(1)The Commission must delegate to the chief executive the functions mentioned in sub-paragraph (2).S

(2)The functions are—

(a)the Commission's functions relating to the discharge of patients under this Act;

(b)the Commission's functions under section 73 of the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(3)When exercising those functions so delegated, the chief executive must—

(a)consult the Commission;

(b)consult a Commission Visitor in every case in which it appears to the chief executive appropriate to do so;

(c)have regard to any relevant guidance issued by the Commission.

(4)Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions.]

[F9Location of officeS

7IThe Commission's determination of the location of its office premises is subject to the approval of the Scottish Ministers.]S

F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I9Sch. 1 para. 8 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1

I10Sch. 1 para. 8 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 9 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

Part 2STransitional 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 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 10 in force at 1.7.2003 by S.S.I. 2003/316, art. 2

[F11Transitional provision: first chief executiveS

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Sch. 1 para. 10A, 10B and cross-heading inserted (1.8.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 9; S.S.I. 2010/221, art. 3(2)(3), sch.

10A(1)The person who, immediately before the coming into force of this paragraph, holds (by virtue of paragraph 7) the post of chief officer of the Commission becomes the first chief executive of the Commission.S

(2)But if—

(a)there is no person holding that post immediately before the coming into force of this paragraph; or

(b)the person holding the post immediately before the coming into force of this paragraph is unwilling or unable to be the chief executive,

the Scottish Ministers are to make the first appointment of the chief executive of the Commission on such terms and conditions as the Scottish Ministers may determine.

(3)Each subsequent chief executive is appointed in accordance with paragraph 7.

(4)Where sub-paragraph (1) applies, the person becoming the first chief executive of the Commission does so on the terms and conditions which applied to the post of chief officer held by that person.]

[F11Transitional provision: CommissionersS

10BAny person who, immediately before the coming into force of this paragraph, is a member of the Commission (including any ex officio members) by virtue of paragraph 3 ceases automatically to hold office as such a member.]S

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 enacted version 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