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

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This is the original version (as it was originally enacted).

Appointment etc. of chief officer and other staff

This section has no associated Explanatory Notes

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

(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.

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