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

[F1Commission VisitorsS

Textual Amendments

F1S. 4A and crossheading inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 111(3), 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

4ACommission VisitorsS

(1)Commission Visitors are to exercise the functions conferred on them by this Act or any other enactment on behalf of the Commission.

(2)Commission Visitors may, in addition to the other functions conferred in this Part, exercise the functions of the Commission mentioned in—

(a)section 8A of this Act;

(b)section 9(1)(d) of the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(3)The Commission may give the Commission Visitors directions of a general or specific nature in relation to the exercise of the functions conferred on them.

(4)A Commission Visitor must—

(a)comply with any direction given under subsection (3); and

(b)act in accordance with any guidance issued by the Commission in relation to the exercise of the functions of Commission Visitors.

(5)A Commission Visitor acting in the exercise of any function must, if required, produce evidence of the Commission Visitor's authority.

(6)In this Act, “Commission Visitors” are persons appointed under paragraph 7A(1) or (2) of schedule 1 to this Act.]