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

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

(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”.