SCHEDULE 1The Mental Welfare Commission for Scotland

Part 2Transitional provision

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 ”.