{
  "url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/schedule-1/paragraph-10",
  "json_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/schedule-1/paragraph-10.json",
  "legislation": "asp/2003/13",
  "legislation_title": "Mental Health (Care and Treatment) (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003",
  "path": "schedule/1/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "(1) The Mental Health (Scotland) Act 1984 (c. 36) shall be amended as follows.\n(2) In section 2 (membership etc. of the Mental Welfare Commission)—\n(a) in subsection (2), after “commissioners”, where it first occurs, insert “ appointed under subsection (4) of this section ”;\n(b) in subsection (4), at the beginning, insert “ Subject to subsection (5A) of this section, ”;\n(c) after subsection (5), insert—\n“(5A) The person who holds the post of chief officer of the Mental Welfare Commission shall—\n(a) be a member ex officio of the Commission; and\n(b) cease automatically to hold office as such member on ceasing to hold that post.”; and\n(d) in subsection (7), for “the said commissioners”, in both places where it occurs, substitute “ commissioners appointed under subsection (4) of this section ”.\n(3) In section 6 (appointment and payment etc. of officers and staff)—\n(a) at the beginning, insert—\n“(1) The Mental Welfare Commission shall appoint a chief officer on such terms and conditions as the Scottish Ministers may determine.\n(2) Before appointing a chief officer under subsection (1) above, the Commission shall obtain the approval of the Scottish Ministers.”; and\n(3)\n(b) in subsection (3) (being the existing wording of the section)—\n(i) in paragraph (a), after “appoint”, insert “ other ”; and\n(ii) in paragraph (b)(ii), after “of”, insert “ its chief officer or in respect of ”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 10 in force at 1.7.2003 by S.S.I. 2003/316, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/13/schedule/1/paragraph/10",
    "retrieved_at": "2026-10-29T20:16:46.625109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}