Draft regulations transferring the Mental Health Tribunal for Scotland to the Scottish Tribunals: consultation

Part 6: Draft Regulations Setting Out The Eligibility For Membership Of The First-Tier Tribunal Mental Health Chamber

Background

48) The draft regulations contained in Annex E prescribe eligibility criteria for ordinary members of the First-tier Tribunal assigned to the Mental Health Chamber and the Upper Tribunal. The criteria for ordinary (i.e. non legal) members have been developed specifically to cover members assigned to the mental health jurisdiction.

Draft Regulations

49) The draft regulations contained within Annex E set out the criteria proposed to be applied by the Scottish Ministers in appointing ordinary members that hear cases within the First-tier Tribunal Mental Health Chamber. Ordinary members will have either medical experience or mental health care experience.

50) For ordinary membership with medical experience, the criteria are that a person must be fully registered within section 55(1) of the Medical Act 1983, whether or not that person holds a licence to practice and who:

(a) is a member or fellow of the Royal College of Psychiatrists, or
(b) has a minimum of four years whole time equivalent experience of providing psychiatric services.

51) For ordinary membership with mental health care experience, the criteria are that members must be a person who:

has experience of-

(a) a mental disorder and using services provided in relation to mental disorder, or is a carer for a person with such experience
(b) is a registered nurse with experience of providing services to persons having a mental disorder;
(c) is a clinical psychologist registered with the Health Care Professions Council;
(d) is a social worker (having the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001) with experience in the assessment and care management of persons having a mental disorder;
(e) is an occupational therapist registered with the Health Care Professions Council who has experience in the assessment and care management of persons having a mental disorder; or
(f) not being a person mentioned in (a) to (e), is employed in the provision of (or in managing the provision of) a care service (having the meaning given by subsection (1)(a), (b), (d), (f), (g) and (j) of section 47 of Public Services Reform (Scotland) Act 2010 to persons having a mental disorder.

52) The draft regulations replicate the eligibility criteria set out above. On transfer-in, medical and general members of the MHTS will become ordinary members of the First-tier Tribunal.