- Latest available (Revised)
- Point in Time (30/06/2017)
- Original (As enacted)
Point in time view as at 30/06/2017.
Mental Health (Care and Treatment) (Scotland) Act 2003, Part 1 is up to date with all changes known to be in force on or before 12 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Sch. 1A inserted (18.1.2014 for the purpose of the insertion of sch. 1A paras. 1, 2, 5, 16.5.2014 for the purpose of the insertion of sch. 1A paras. 3, 7(3)-(6), 14, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 31(2), 34(1); S.S.I. 2014/117, arts. 2, 3
1(1)NCF is to consist of—S
(a)the NCF Head, appointed by the Scottish Ministers, and
(b)at least 2 other members, appointed by the Scottish Ministers.
(2)The Scottish Ministers must, when appointing a person under sub-paragraph (1)(a) or (b), have regard to the recommendation of the selection panel mentioned in paragraph 2(1).
(3)Each member—
(a)is to be appointed for such period as the Scottish Ministers think fit, and
(b)holds and vacates office in accordance with the terms of appointment.
(4)A member may by written notice to the Scottish Ministers resign office as a member.
(5)The Scottish Ministers must, as soon as practicable after receiving a resignation notice, inform the Commission of the notice.
2(1)The selection panel is to consist of—S
(a)a representative of the Scottish Ministers,
(b)the person appointed in accordance with paragraph 2A(1)(a) of schedule 1 to chair the Commission, and
(c)other persons of such number and description as may be determined by the Scottish Ministers.
(2)The selection panel may recommend for appointment only persons who the panel consider to have such skills, knowledge and experience as the panel consider to be relevant to the carrying out of the NCF functions.
(3)The selection panel may not recommend for appointment persons who are members of the Commission.
(4)The selection panel is to determine the selection process to be applied in determining persons to be recommended for appointment.
3(1)This paragraph applies where—S
(a)the Commission proposes, in accordance with paragraph 7(1)(b) of schedule 1, to appoint a member of staff, and
(b)the employment of that person is to relate to the carrying out of NCF functions.
(2)The person may be appointed only if—
(a)the person has been recommended for appointment by the NCF Head,
(b)the terms of the person's appointment would prevent the person from carrying out any other function conferred on the Commission during the period when the Commission is required to establish and maintain NCF.
4(1)NCF may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the carrying out of the NCF functions.S
(2)It is for the NCF Head to determine NCF's procedure, having regard to the views of the other NCF members.
(3)In carrying out its functions and in determining its procedure, NCF must have regard to the need to avoid any unnecessary costs to public funds, eligible persons and others.
(4)The validity of any proceedings of NCF is not affected by—
(a)any vacancy in its membership,
(b)any defect in the appointment of a member.
(5)Members of the Scottish Government and persons authorised by the Scottish Government may not attend or take part in meetings of NCF.
5(1)The provisions of schedule 1 mentioned in sub-paragraph (2) do not apply in relation to NCF.S
(2)The provisions are—
(a)paragraph 7D,
(b)paragraph 7E,
(c)paragraph 7G.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: