# Mental Health (Care and Treatment) (Scotland) Act 2003, Paragraph 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.”; and
(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.”; and
(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 ”.

---
Source: https://www.legislation.gov.uk/asp/2003/13/schedule/1/paragraph/10 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/schedule-1/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.