Approved Medical Practitioners - Mental Health (Care and Treatment) (Scotland) Act, 2003 Training Manual

Training material for Approved Medical Practitioners

Section 1. Introduction

The 2003 Act will come into force in October 2005. It will affect all professionals in Scotland working in mental health.

This booklet is designed to complement the training programme through which psychiatrists can receive Section 22 accreditation as approved medical practitioners ( AMPs) (Box 1).

Box 1. Approved medical practitioners ( AMPs)

Section 22- AMPs are those doctors who have undertaken requisite training in the 2003 Act. They must be fully registered medical practitioners who are either:

  • Members or fellows of the Royal College of Psychiatrists, or
  • Have four years' continuous experience in the specialty of psychiatry and are sponsored by their local medical director.

Training for AMPs consists of a day of knowledge-based learning and a self-assessment exercise (available on the NHS Education for Scotland website at Completion of training involves a day of workshop-based training on the 2003 Act.

The booklet should be a valuable and practical reference tool for AMPs and it is hoped that it will also be a useful resource for other people interested in the application of the 2003 Act.

The booklet reviews specific areas of the 2003 Act and explores priority areas for AMPs. These are:

  • Mental disorder
  • Medical treatment.

The 2003 Act's three principal civil certificates:

  • Short-term detention certificate ( STDC) - Section 44
  • Compulsory treatment order ( CTO) - Section 64
  • Emergency detention certificate ( EDC) - Section 36.
  • Other issues relating to the 2003 Act:
  • Transfers (within and outwith Scotland)
  • Unlawful detention
  • Absconding
  • Suspension of compulsory measures
  • The responsibilities of statutory bodies in administering the 2003 Act
  • New rules on patients' rights and representation
  • Offences
  • The 2003 Act and the criminal justice system.

A comparison of the major changes in the 2003 Act is shown in Table 1.

Table 1. Mental Health (Care and Treatment) Act Scotland 2003: comparison with the 1984 Act

2003 Act

1984 Act

Principles (Section 1)

No principles

Tribunal (Section 21)

Sheriff Court

Short-Term Detention (Sections 44). MHO consent required

Sections 26. Relative/nearest. relative or MHO consent required

Emergency (Section 36)

Sections 24 and 25

Compulsory Treatment Orders (Section 64(4)(a))

Section 18 Orders

Assessment Orders (Section 52D) Criminal Procedure (Scotland) Act 1995 (the '95 Act) inserted by Section 130

Section 52, the '95 Act

Treatment Orders (Section 52M), the '95 Act,

Section 70 (for patients

inserted by Section 130

transferred from prison)

Interim Compulsion Orders (Section 53),

Interim Hospital Orders

the '95 Act, inserted by Section 131

(Section 53), the '95 Act

Compulsion Orders (Section 57A(2)), the '95 Act, inserted by Section 133

Hospital Orders (Section 58), the 95' Act

Patient Representation/Named Person (Section 250-254 and Section 257)

Nearest Relative (Section 53)

Advocacy (Section 259)

No formal right to advocate

Advance Statements (Section 275)

No duty re Advance Statements

Local Authority Responsibilities (Section 25-35)

Local Authority Responsibilities (Section 7-11 and Section 92)

Medical Responsibilities (Section 22-24)

No specific Medical Responsibilities

Directions, Regulations, Code of Practice, Local Procedures

Directions, Regulations, Code of Practice, Local Procedures

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