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The Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005

S.S.I. 2005/205 · Made 4 April 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MENTAL HEALTH

Made 4th April 2005

Laid before the Scottish Parliament 7th April 2005

Coming into force 5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 15(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

2003 asp 13

Contents

  1. 1Citation and commencement
  2. 2Authorised persons of the Mental Welfare Commission for Scotland
  3. 3Authorised persons of the Mental Welfare Commission for Scotland
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Mental Welfare Commission for Scotland (Authorised Persons) Regulations 2005 and shall come into force on 5th October 2005.

2Authorised persons of the Mental Welfare Commission for Scotland

For the purposes of section 15(2)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the qualifications, experience and training of a member of the staff of the Mental Welfare Commission for Scotland who may be authorised by the Commission to carry out a medical examination of a patient), an authorised person shall be a medical practitioner and either–

(a)

a member or fellow of the Royal College of Psychiatrists; or

(b)

have a minimum of four years whole-time equivalent experience of providing psychiatric services.

3Authorised persons of the Mental Welfare Commission for Scotland

For the purposes of regulation 2(b) whole-time equivalent will be calculated by multiplying the full length of the person’s experience by the following fraction:–

person's hours of employment each weekhours constituting comparable whole-time employment

Signature

RHONA BRANKIN

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

4th April 2005

Explanatory note

(This note is not part of the Regulations)

Section 15(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 empowers a person authorised (an “authorised person”) by the Mental Welfare Commission for Scotland to carry out in private a medical examination of a patient.

Section 15(2) of that Act provides that an authorised person shall be (a) a medical commissioner or (b) a member of staff of the Commission who has such qualifications and experience and who has undertaken such training as may be prescribed by regulations.

These regulations prescribe the qualifications and experience required of those members of staff.