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

Made3rd September 2004

Laid before the Scottish Parliament6th September 2004

Coming into force28th September 2004

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

1.

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

Medical members of the Mental Health Tribunal for Scotland

2.

A member of the panel mentioned in paragraph 1(1)(b) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be a person who is a medical practitioner and–

(a)

is a member or fellow of the Royal College of Psychiatrists; or

(b)

has a minimum of four years whole time equivalent experience of providing psychiatric services.

3.

For the purposes of regulation 2(b) whole time equivalent will be calculated by multiplying the full length of the person’s experience by the following fraction:–

\frac{person's hours of employment each week}{hours constituting comparable whole-time employment.}

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

3rd September 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 medical members of the Mental Health Tribunal for Scotland. Regulation 2 of these Regulations lists the qualifications and experience required of those persons.