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

Annex E

Scottish Statutory Instruments

2018 No.

Tribunals And Inquiries

The Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2018

Made - - - - 2018
Laid before the Scottish Parliament 2018
Coming into force - - 12th November 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 32(1) and (3) of, paragraph 1(2) of schedule 3, and paragraph 1(2) of schedule 5, of the Tribunals (Scotland) Act 2014( a) and all other powers enabling them to do so.

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2018 and come into force on 12th November 2018.
(2) In these Regulations “the 2015 Regulations” mean the Scottish Tribunals (Eligibility for Appointment) Regulations 2015( b).

Amendment of the 2015 Regulations

2. After regulation 5 of the 2015 Regulations insert—
Eligibility for appointment as an ordinary member of the First-tier Tribunal for Scotland and Upper Tribunal (medical experience)
6.—(1) A person is eligible for appointment as an ordinary member of the First-tier Tribunal for Scotland and Upper Tribunal if paragraph (2) or (3) applies to the person.
(2) The person is a fully registered person within the meaning of section 55(1) of the Medical Act 1983, whether or not that person holds a licence to practise, and is a member or fellow of the Royal College of Psychiatrists.
(3) The person is a fully registered person within the meaning of section 55(1) of the Medical Act 1983, whether or not that person holds a licence to practise, and has a minimum of four years whole time equivalent experience of providing psychiatric services.
(4) For the purposes of paragraph (3), whole time equivalent experience will be calculated by multiplying the full length of the person’s experience by the following fraction:—

Eligibility for appointment as an ordinary member of the First-tier Tribunal for Scotland and Upper Tribunal (mental health care experience)

7.—(1) A person is eligible for appointment as an ordinary member of the First-tier Tribunal for Scotland and Upper Tribunal if one or more of paragraphs (2) to (7) applies to the person.
(2) The person—
(a) has experience of a mental disorder and of using services provided in relation to mental disorder; or
(b) is a carer for a person with such experience.
(3) The person is a registered nurse with experience of providing services to persons having a mental disorder.
(4) The person is a clinical psychologist entered on the Health and Care Professions Council’s register of chartered psychologists.
(5) The person is a social worker (having the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 and has experience in the assessment and care management of persons having a mental disorder.
(6) The person is an occupational therapist registered with the Health and Care Professions Council who has experience in the assessment and care management of persons having a mental disorder.
(7) The person is not a person mentioned in paragraphs (2) to (6) but is employed in the provision of (or in managing the provision of) a care service (having the meaning given by section 47(1)(a), (b), (d), (f), (g) and (j) of the Public Services Reform (Scotland) Act 2010) to persons having a mental disorder..

A member of the Scottish Government

St Andrew’s House,
Edinburgh
2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Scottish Tribunals (Eligibility for Appointment) Regulations 2015 (S.S.I. 2015/381) to set eligibility criteria for appointments of members of the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland who have medical or mental health care experience.