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

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Mental Health (Care and Treatment) (Scotland) Act 2003, Part 1 is up to date with all changes known to be in force on or before 14 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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

[F1Part 1SMembers of NCF etc.

Textual Amendments

F1Sch. 1A inserted (18.1.2014 for the purpose of the insertion of sch. 1A paras. 1, 2, 5, 16.5.2014 for the purpose of the insertion of sch. 1A paras. 3, 7(3)-(6), 14, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 31(2), 34(1); S.S.I. 2014/117, arts. 2, 3

MembershipS

1(1)NCF is to consist of—S

(a)the NCF Head, appointed by the Scottish Ministers, and

(b)at least 2 other members, appointed by the Scottish Ministers.

(2)The Scottish Ministers must, when appointing a person under sub-paragraph (1)(a) or (b), have regard to the recommendation of the selection panel mentioned in paragraph 2(1).

(3)Each member—

(a)is to be appointed for such period as the Scottish Ministers think fit, and

(b)holds and vacates office in accordance with the terms of appointment.

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

(5)The Scottish Ministers must, as soon as practicable after receiving a resignation notice, inform the Commission of the notice.

Membership selection panelS

2(1)The selection panel is to consist of—S

(a)a representative of the Scottish Ministers,

(b)the person appointed in accordance with paragraph 2A(1)(a) of schedule 1 to chair the Commission, and

(c)other persons of such number and description as may be determined by the Scottish Ministers.

(2)The selection panel may recommend for appointment only persons who the panel consider to have such skills, knowledge and experience as the panel consider to be relevant to the carrying out of the NCF functions.

(3)The selection panel may not recommend for appointment persons who are members of the Commission.

(4)The selection panel is to determine the selection process to be applied in determining persons to be recommended for appointment.

NCF staffS

3(1)This paragraph applies where—S

(a)the Commission proposes, in accordance with paragraph 7(1)(b) of schedule 1, to appoint a member of staff, and

(b)the employment of that person is to relate to the carrying out of NCF functions.

(2)The person may be appointed only if—

(a)the person has been recommended for appointment by the NCF Head,

(b)the terms of the person's appointment would prevent the person from carrying out any other function conferred on the Commission during the period when the Commission is required to establish and maintain NCF.

NCF powers and procedureS

4(1)NCF may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the carrying out of the NCF functions.S

(2)It is for the NCF Head to determine NCF's procedure, having regard to the views of the other NCF members.

(3)In carrying out its functions and in determining its procedure, NCF must have regard to the need to avoid any unnecessary costs to public funds, eligible persons and others.

(4)The validity of any proceedings of NCF is not affected by—

(a)any vacancy in its membership,

(b)any defect in the appointment of a member.

(5)Members of the Scottish Government and persons authorised by the Scottish Government may not attend or take part in meetings of NCF.

Application of schedule 1 to NCFS

5(1)The provisions of schedule 1 mentioned in sub-paragraph (2) do not apply in relation to NCF.S

(2)The provisions are—

(a)paragraph 7D,

(b)paragraph 7E,

(c)paragraph 7G.]

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