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”.