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

Scottish Statutory Instruments

2004 No. 286

MENTAL HEALTH

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

Made

9th June 2004

Laid before the Scottish Parliament

11th June 2004

Coming into force

5th July 2004

The Scottish Ministers, in exercise of the powers conferred by paragraph 1(1)(a) 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, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of Legal Members) Regulations 2004 and shall come into force on 5th July 2004.

(2) In these Regulations, “legal member” means a member of the panel mentioned in paragraph 1(1)(a) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003.

Legal members of the Mental Health Tribunal for Scotland

2.  A legal member shall be a person–

(a) being an advocate or solicitor admitted in Scotland of at least seven years standing;

(b) having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(2); or

(c) being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th June 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 legal members of the Mental Health Tribunal for Scotland. These Regulations provide that these members are to be persons legally qualified in Scotland or England and Wales or Northern Ireland of at least seven years standing.

(1)

2003 asp 13.

(2)

1990 c. 41. Section 71 was amended by sections 43 and 106 of, and paragraphs 4 and 9 of Schedule 6 to, the Access to Justice Act 1999 (c. 22).