The Mental Health Tribunal for Scotland (Disciplinary Committee) Regulations 2004

Change in membership of the disciplinary committee

3.—(1) This regulation shall apply where, after commencement of an investigation, any member of the disciplinary committee–

(a) dies;

(b) resigns; or

(c) is, in the opinion of the Lord President of the Court of Session, unable to act.

(2) Subject to paragraph (3), the Lord President of the Court of Session shall appoint a new member of the disciplinary committee from the same category of persons listed in paragraph 5(3) of schedule 2 to the Act as the member referred to in paragraph (1).

(3) Where the member referred to in paragraph (1) is not the person presiding over the disciplinary committee, a new member of the disciplinary committee need not be appointed under paragraph (2) unless the member of the Tribunal so wishes.

(4) Where a member of the disciplinary committee is appointed under paragraph (2), the disciplinary committee shall, if requested by the member of the Tribunal, commence the investigation anew.