xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 1SThe Mental Welfare Commission for Scotland

Part 1SMembership, proceedings etc.

[F1Mandatory delegation of functions to chief executiveS

Textual Amendments

F1Sch. 1 paras. 7A-7I and crossheadings 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), s. 134(7), sch. 18 para. 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.

7H(1)The Commission must delegate to the chief executive the functions mentioned in sub-paragraph (2).S

(2)The functions are—

(a)the Commission's functions relating to the discharge of patients under this Act;

(b)the Commission's functions under section 73 of the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(3)When exercising those functions so delegated, the chief executive must—

(a)consult the Commission;

(b)consult a Commission Visitor in every case in which it appears to the chief executive appropriate to do so;

(c)have regard to any relevant guidance issued by the Commission.

(4)Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions.]