The Adults with Incapacity (Ethics Committee) (Scotland) (Coronavirus) Amendment Regulations 2020

Made: 14th May 2020

Laid before the Scottish Parliament: 15th May 2020

Coming into force: 21st May 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 51(6) of the Adults with Incapacity (Scotland) Act 2000[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Adults with Incapacity (Ethics Committee) (Scotland) (Coronavirus) Amendment Regulations 2020 and come into force on 21 May 2020.

Amendment of the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

2

• (1) The Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002[^f00002] are amended as follows.

• (2) In regulation 3 (membership of the committee), in paragraphs (4) and (5), for “10” substitute “12” in both places it occurs.

• (3) In regulation 4 (chair and vice-chair)—

• (a) for “and” in the second place it occurs substitute “,”, and

• (b) after “Vice-Chair” insert “and up to two Alternate Vice-Chairs”.

• (4) In regulation 7(2) (procedures)—

• (a) for “7” substitute “3”,

• (b) in sub-paragraph (a) after “Vice-Chair” insert “or an Alternate Vice-Chair”, and

• (c) in sub-paragraph (b) for “two members” substitute “a member”,

• (d) in sub-paragraph (c) for “two members” substitute “a member”.

Signed

JEANE FREEMAN — A member of the Scottish Government — 14th May 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002 (“the 2002 Regulations”).

Regulation 2(2) amends regulation 3(4) and (5) to extend the consecutive period a person may be appointed to the Ethics Committee (“the Committee”) from 10 to 12 years.

Regulation 2(3) amends the 2002 Regulations to allow Ministers to appoint up to two Alternate Vice Chairs in addition to a Chair and Vice Chair.

Regulation 2(4) amends the 2002 Regulations to reduce the number of Committee members required to approve any research from 7 to 3 and adjust the description of persons to be included in that number. The amendment provides that one of the 3 persons must be the Chair or in the absence of the Chair the Vice-Chair or an Alternate Vice Chair.

Footnotes

[^f00001]: 2000 asp 4; section 87(1) contains a definition of “prescribed” relevant to the making of these Regulations.

[^f00002]: S.S.I. 2002/190; the only relevant amending instrument is S.S.I. 2007/22.