Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

JurisdictionScotland
CitationSSI 2002/190

2002 No. 190

ADULTS WITH INCAPACITY

The Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

Made 15th April 2002

Laid before the Scottish Parliament 17th April 2002

Coming into force 1st July 2002

The Scottish Ministers, in exercise of the powers conferred by sections 51(6) and (7) and 86(2) of the Adults with Incapacity (Scotland) Act 20001and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002 and come into force on 1st July 2002.

S-2 Ethics Committee

Ethics Committee

2. There is hereby constituted an Ethics Committee (“the Committee”) for the purposes specified in section 51 of the Adults with Incapacity (Scotland) Act 2000.

S-3 Membership of the Committee

Membership of the Committee

3.—(1) The members of the Committee may be appointed by the Scottish Ministers on such terms and conditions as the Scottish Ministers consider appropriate.

(2) No more than 18 members shall be appointed to the Committee at any time.

(3) The membership of the Committee shall, so far as practical, include at least–

(a)

(a) one person who has experience in relation to the treatment of adults who are incapable;

(b)

(b) one medical practitioner who provides personal, or general, medical services under sections 17C or 19 of the National Health Service (Scotland) Act 19782;

(c)

(c) one registered nurse or registered midwife;

(d)

(d) one registered medical practitioner having experience in clinical pharmacology;

(e)

(e) one registered pharmaceutical chemist as defined by section 24(1) of the Pharmacy Act 19543or a registered person as defined by Article 2(2) of the Pharmacy (Northern Ireland) Order 19764;

(f)

(f) one registered medical practitioner who holds the position of hospital consultant;

(g)

(g) one registered medical practitioner having experience in the field of public health medicine;

(h)

(h) one member who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 19605applies; and

(i)

(i) three lay members.

(4) Each member may be appointed for a period not exceeding 5 years but no member may be appointed for consecutive periods exceeding 10 years.

(5) Where a person has been appointed as a member for a total of 10 years consecutively that person may only be appointed again as a member under paragraph (4) above after the expiration of a period of 2 years from the end of the person’s previous membership.

S-4 Chair and Vice-Chair

Chair and Vice-Chair

4. Subject to regulation 3(4) and (5) above, the Scottish Ministers may appoint, from among the members of the Committee, a Chair and a Vice-Chair of the Committee for such period or periods as the Scottish Ministers consider appropriate.

S-5 Remuneration

Remuneration

5. The Scottish Ministers may pay, to members of the Committee, such expenses related to their membership of the Committee as the Scottish Ministers consider appropriate.

S-6 Approval of Research

Approval of Research

6. Before approving any research under section 51 of the Adults with Incapacity (Scotland) Act 2000 the Committee must take into account–

(a) the objectives, design, methodology, statistical considerations and organisation of the research;

(b) the relevance of the research...

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