The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004

Scottish Statutory Instruments

2004 No. 375

MENTAL HEALTH

The Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004

Made

3rd September 2004

Laid before the Scottish Parliament

6th September 2004

Coming into force

28th September 2004

The Scottish Ministers, in exercise of the powers conferred by paragraph 1(1)((c) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of General Members) Regulations 2004 and shall come into force on 28th September 2004.

General members of the Mental Health Tribunal for Scotland

2.  A member of the panel mentioned in paragraph 1(1)(c) of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be a person who–

(a) has experience of–

(i) a mental disorder; and

(ii) of using services provided in relation to mental disorder,

or is a carer for a person having such experience;

(b) is a registered nurse with experience of providing services to persons having a mental disorder;

(c) is a clinical psychologist entered on the British Psychological Society’s register of chartered psychologists;

(d) is a social worker (having the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001(2)) with experience in the assessment and care management of persons having a mental disorder;

(e) is an occupational therapist registered with the Health Professions Council who has experience in the assessment and care management of persons having a mental disorder; or

(f) not being a person mentioned in (a) to (e), is employed in the provision of (or in managing the provision of) a care service (having the meaning given by subsection (1)(a), (b), (e), (g), (h) and (k) of section 2 of the Regulation of Care (Scotland) Act 2001) to persons having a mental disorder.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

3rd September 2004

Explanatory Note

(This note is not part of the Regulations)

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides for the appointment of a panel of persons for the purpose of serving as general members of the Mental Health Tribunal for Scotland. Regulation 2 of these Regulations lists the qualifications and experience required of those persons.

(1)

2003 asp 13.

(2)

2001 asp 8.