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

Made9th June 2004

Laid before the Scottish Parliament11th June 2004

Coming into force5th 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 20031 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1

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 Scotland2

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 19902; 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 CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh9th June 2004

(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.