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1.—(1) These Regulations may be cited as the Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) (No. 2) Regulations 2005 and shall come into force on 5th October 2005.
(2) In these Regulations, “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003.
2.—(1) The Commission may appoint committees for such purposes as the Commission may determine.
(2) Any committee shall consist of–
(a)a committee convener who is a member of the Commission; and
(b)other persons, whether or not members of the Commission, appointed by the Commission.
(3) Any committee may appoint sub committees for such purposes as the committee may determine.
(4) Any sub-committee shall consist of–
(a)a sub committee convener who is member of the Commission or a member of the Commission staff, appointed by the committee; and
(b)other persons, whether or not members of the Commission, appointed by the committee or the Commission.
(5) Sub committees shall be responsible to the committee which appoints them.
3.—(1) The procedure of the Commission and of any committee or sub committee shall be conducted in accordance with these Regulations and standing orders made under regulation 4.
(2) At every meeting of the Commission and of any committee or sub-committee, the convener, if present, shall preside.
(3) If the convener is absent from any meeting the vice-convener, if present, shall preside and, if the convener and vice-convener are both absent, the members of the Commission, committee or sub committee as the case may be present at the meeting shall elect from among themselves a person to act as convener for that meeting.
(4) All acts of, and all questions coming or arising before, the Commission or a committee or sub committee shall be done and decided by a majority of the members of the Commission, committee or sub committee present and, where there is no clear majority, the person presiding at the meeting may call for a formal vote by those members present and, in the case of an equality of votes, that person shall have a second or casting vote.
(5) The procedure of the Commission or of any committee or sub committee shall not be invalidated by any vacancy in its membership or by any defect in the appointment of a member of the Commission, committee or sub committee, as the case may be.
(6) If it is necessary or expedient to do so, any meeting of the Commission or of any committee or sub committee may be adjourned to another day, time and place.
4.—(1) The Commission shall make, and may vary or revoke, standing orders for the regulation of the procedure of the Commission and of any committee or sub-committee.
(2) Standing orders under paragraph (1) shall include the matters set out in the Schedule.
5.—(1) Subject to the provisions of this regulation, the Commission may delegate any of its functions (other than excepted functions) to–
(a)a committee of the Commission;
(b)a sub committee of such a committee; or
(c)an individual member of the Commission, committee or sub committee or a member of staff of the Commission.
(2) Where, under paragraph (1), the Commission has delegated a function to a committee, the committee may with the approval of the Commission, arrange for the function to be discharged on behalf of the Commission, by a sub committee of the committee or by an individual member of the Commission, committee or sub committee or a member of staff of the Commission.
(3) Where under paragraphs (1) or (2), the Commission or a committee have arranged for the discharge of a function of the Commission to be discharged by a sub-committee, the sub committee may with the approval of the Commission or committee, arrange for the function to be discharged by an individual member of the Commission, committee or sub committee or a member of staff of the Commission.
(4) The Commission shall approve the nature and extent of any powers to be exercised by a committee, sub committee or an individual member of the Commission, committee or sub committee or a member of staff of the Commission.
(5) The Commission shall not delegate any function unless it is satisfied that adequate arrangements have been made for reporting to it by the committee, sub committee or the individual to whom the function is to be delegated.
(6) Any delegation by the Commission of a function under this regulation–
(a)shall not affect the responsibility of the Commission in the exercise of the function or any liability arising from the exercise of that function;
(b)shall not prevent the Commission from exercising a function; and
(c)may be revoked at any time by the Commission, or the committee or sub committee making the arrangement.
(7) In this regulation “excepted functions” means–
(a)functions relating to the discharge of patients under the Act;
(b)the making of standing orders under regulation 4;
(c)the constitution, terms of reference and reporting arrangements of any committees and sub committees of the Commission;
(d)the appointment of a person to chair or conduct an inquiry under section 12 of the Act;
(e)the acquisition and disposal of land and other property with a value in excess of £50,000 or such other amount as may be agreed by the Commission; and
(f)the keeping of annual accounts, the auditing of those accounts and the transmission of such accounts to the Scottish Ministers.
6. The Mental Welfare Commission for Scotland (Procedure and Delegation of Functions) Regulations 2005(1) are hereby revoked.
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
9th September 2005
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