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

Made26th March 2004

Laid before the Scottish Parliament26th March 2004

Coming into force3rd May 2004

The Scottish Ministers, in exercise of the powers conferred by paragraph 3(3) 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 commencement1

These Regulations may be cited as the Mental Health Tribunal for Scotland (Appointment of President) Regulations 2004 and shall come into force on 3rd May 2004.

President of the Mental Health Tribunal for Scotland2

The President of the Mental Health Tribunal for Scotland shall be a person–

a

being an advocate or solicitor admitted in Scotland of at least seven years standing;

b

having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 19902; or

c

being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh26th March 2004

(This note is not part of the Regulations)

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides for the appointment of the President of the Mental Health Tribunal for Scotland. These Regulations provide that the President is to be a person legally qualified in Scotland or England and Wales or Northern Ireland of at least seven years standing.