SCHEDULE 1The Mental Welfare Commission for Scotland

Part 2Transitional provision

I110

1

The Mental Health (Scotland) Act 1984 (c. 36) shall be amended as follows.

2

In section 2 (membership etc. of the Mental Welfare Commission)—

a

in subsection (2), after “commissioners”, where it first occurs, insert “ appointed under subsection (4) of this section ”;

b

in subsection (4), at the beginning, insert “ Subject to subsection (5A) of this section, ”;

c

after subsection (5), insert—

5A

The person who holds the post of chief officer of the Mental Welfare Commission shall—

a

be a member ex officio of the Commission; and

b

cease automatically to hold office as such member on ceasing to hold that post.

d

in subsection (7), for “the said commissioners”, in both places where it occurs, substitute “ commissioners appointed under subsection (4) of this section ”.

3

In section 6 (appointment and payment etc. of officers and staff)—

a

at the beginning, insert—

1

The Mental Welfare Commission shall appoint a chief officer on such terms and conditions as the Scottish Ministers may determine.

2

Before appointing a chief officer under subsection (1) above, the Commission shall obtain the approval of the Scottish Ministers.

3

 

b

in subsection (3) (being the existing wording of the section)—

i

in paragraph (a), after “appoint”, insert “ other ”; and

ii

in paragraph (b)(ii), after “of”, insert “ its chief officer or in respect of ”.