The Mental Health Tribunal for Scotland (Disqualification) Regulations 2004

Made26th March 2004

Laid before the Scottish Parliament29th March 2004

Coming into force5th May 2004

The Scottish Ministers, in exercise of the powers conferred on them by paragraph 1(2)(c) of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 20031, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Mental Health Tribunal for Scotland (Disqualification) Regulations 2004 and shall come into force on 5th May 2004.

Disqualification of members of Mental Health Tribunal for Scotland2

The following persons are disqualified from appointment as, and being, a member of the Mental Health Tribunal for Scotland–

a

a member of the staff of the Scottish Administration2; and

b

the holder of an office in the Scottish Administration which is not a ministerial office3.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh26th March 2004

(This note is not part of the Regulations)

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides that members of the Scottish Parliament, members of the Scottish Executive and junior Scottish Ministers are disqualified from appointment as, and being, a member of the Mental Health Tribunal for Scotland. These Regulations add to this list of persons so disqualified, members of the staff of the Scottish Administration and holders of offices in the Scottish Administration which are not ministerial offices.