SCHEDULE 1The Mental Welfare Commission for Scotland
Part 2Transitional provision
10
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”.