The Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004

Scottish Statutory Instruments

2004 No. 155

MENTAL HEALTH

The Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004

Made

26th March 2004

Laid before the Scottish Parliament

26th March 2004

Coming into force

3rd May 2004

The Scottish Ministers, in exercise of the powers conferred by paragraph 3(3) of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004 and shall come into force on 3rd May 2004.

President of the Mental Health Tribunal for Scotland

2.  The President of the Mental Health Tribunal for Scotland shall be a person–

(a) being an advocate or solicitor admitted in Scotland of at least seven years standing;

(b) having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(2); or

(c) being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

26th March 2004

Explanatory Note

(This note is not part of the Regulations)

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides for the appointment of the President of the Mental Health Tribunal for Scotland. These Regulations provide that the President is to be a person legally qualified in Scotland or England and Wales or Northern Ireland of at least seven years standing.

(1)

2003 asp 13.

(2)

1990 c. 41. Section 71 was amended by sections 43 and 106 of, and paragraph 4 and 9 of Schedule 6 to, the Access to Justice Act 1999 (c. 22)