SCHEDULE 1

The Mental Welfare Commission for Scotland
Part 2

Transitional provision

Transitional provision: first chief executive
10A
1
The person who, immediately before the coming into force of this paragraph, holds (by virtue of paragraph 7) the post of chief officer of the Commission becomes the first chief executive of the Commission.
2
But if—
a
there is no person holding that post immediately before the coming into force of this paragraph; or
b
the person holding the post immediately before the coming into force of this paragraph is unwilling or unable to be the chief executive,
the Scottish Ministers are to make the first appointment of the chief executive of the Commission on such terms and conditions as the Scottish Ministers may determine.
3
Each subsequent chief executive is appointed in accordance with paragraph 7.
4
Where sub-paragraph (1) applies, the person becoming the first chief executive of the Commission does so on the terms and conditions which applied to the post of chief officer held by that person.
Sch. 1 para. 10A 10B 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. 9; 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.