The Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005

Scottish Statutory Instruments

2005 No. 261

MENTAL HEALTH

The Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005

Made

16th May 2005

Laid before the Scottish Parliament

18th May 2005

Coming into force

5th October 2005

The Scottish Ministers, in exercise of the powers conferred on them by paragraph 3(1)(b) of Schedule 1 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 and commencement

1.  These Regulations may be cited as the Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005 and shall come into force on 5th October 2005.

Medical commissioners of the Mental Welfare Commission for Scotland

2.  A person appointed to serve as a medical commissioner under paragraph 3(1)(b) of Schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be a medical practitioner who–

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

(b) has been included by the General Medical Council in the specialist register under article 8 of the European Specialist Medical Qualifications Order 1995(2) as a specialist in–

(i) psychiatry;

(ii) child and adolescent psychiatry;

(iii) forensic psychiatry;

(iv) mental handicap;

(v) old age psychiatry; or

(vi) psychotherapy; and

(c) since the date of inclusion in the specialist register referred to in paragraph (b), has a minimum of five years whole-time equivalent experience of providing psychiatric services.

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

RHONA BRANKIN

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

16th May 2005

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 minimum of three persons to serve as medical commissioners of the Mental Welfare Commission for Scotland.

Regulation 2 lists the qualifications and experience required of those persons.

(1)

2003 asp 13.

(2)

S.I. 1995/3208. Amended by S.I. 1997/2928, 1999/1373, 1999/3154, 2002/849 and 2003/3148.