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Mental Health (Care and Treatment) (Scotland) Act 2003, Cross Heading: Delegation of functions is up to date with all changes known to be in force on or before 17 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 1 paras. 7A-7I and crossheadings inserted (1.8.2010 for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 18 para. 7; S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
7G(1)The Commission may, subject to sub-paragraphs (2), (3) and (4), authorise—S
(a)the chief executive;
(b)any other employee;
(c)any of its committees,
to exercise such of its functions, and to such extent, as it may determine.
(2)The Commission may not authorise any of the following functions to be exercised by any other person—
(a)the functions of the Commission under section 12 (investigations: further provision);
(b)the approval of any acquisition or disposal of land or other property with a value greater than £50,000 or such other amount as the Commission may, with the consent of the Scottish Ministers, determine;
(c)the approval of annual reports and accounts;
(d)the approval of any budget or other financial plan.
(3)Any function conferred on a Commission Visitor may not be delegated by the Commission.
(4)Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of its functions.
(5)The chief executive may, with the consent of the Commission, authorise—
(a)any other employee;
(b)any of the Commission's committees,
to exercise such of the chief executive's functions, and to such extent, as the chief executive, with such consent, may determine.
(6)Sub-paragraph (5) does not affect the responsibility of the chief executive for the exercise of the chief executive's functions.]
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