(This note is not part of the Regulations)
The Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) provides for the delegation by the President of the Mental Health Tribunal for Scotland (“the Tribunal”) of the President’s functions to any of the members of the Tribunal or its staff. Regulation 2(1) of these Regulations provides that the President may delegate the functions conferred on him or her by paragraphs 7(1), 7(2), 7(3)(a)(ii), 7(3)(b), 7(4)(b), 7(6), 8(3), 15, 16(1) and (2) of schedule 2 to the Act to members of the Tribunal or its staff. Regulation 2(2) provides that the President may delegate the functions conferred on him or her by paragraph 7(4)(a) of schedule 2 to the Act to legal members of the Tribunal.