Publication - Advice and guidance

Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1

Published: 21 Sep 2005
Part of:
Health and social care
ISBN:
0755945689

Volume 1 of the Code of Practice for the Mental Health (Care andTreatment) (Scotland) Act 2003 deals with a range of issues relating tothe general framework within which the Act operates.

259 page PDF

617.0 kB

259 page PDF

617.0 kB

Contents
Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1
Page 0

259 page PDF

617.0 kB

ISBN 0 7559 4568 9
This document is also available in pdf format 604k)

Table of Contents

Introduction to Volume 1
Coverage of this volume
Structure of this volume
Good practice versus best practice
Patient confidentiality
Interpretation of timescales under the Act
Chapter 1: Overview
Principles of the Act
Definition of "mental disorder"
Definition of "medical treatment"
Children and young people
Chapter 2: Mental Welfare Commission (Part 1)
Role of Mental Welfare Commission for Scotland
Notification to the Mental Welfare Commission
Annex A: Notifications to the Mental Welfare Commission
Chapter 3: Mental Health Tribunal for Scotland (Part 3)
Role of the Mental Health Tribunal for Scotland
Chapter 4: Health Boards (Part 4 Chapter 1)
General Principles
Service Provisions
Other implications of the Act for health bodies
Chapter 5: Local authorities (Part 4 Chapter 2)
Local authority provisions
Chapter 6: patient representation (Part 17 Chapter 1: sections 259; 275-6)
Named person
Advance statements
Right of access to independent advocacy
Chapter 7: Assessment of a patient's needs for community care services (Part 14)
Chapter 8: Application to the Tribunal in relation to unlawful detention (section 291)
Chapter 9: Appointment of RMO and designation of MHO (sections 230 and 229)
Appointment of RMO
Designation of MHO responsible for patient's case
Chapter 10: Medical treatment (Part 16)
Medical treatment: safeguards
Provisions and safeguards for particular treatments
Urgent medical treatment
Chapter 11: Preparing a social circumstances report (section 231)
Chapter 12: Correspondence, Telephones and Safety and Security in hospitals (sections 281 to 286)
Patient's correspondence
Patient's telephone calls
Safety and security in hospitals
Chapter 13: Appeals against a decision of the Mental Health Tribunal for Scotland and sheriff principal (Part 22)
Chapter 14: Cross-border transfer of patients (sections 289 and 290)
Overview
Removal of patients from Scotland
Transfer of patients from other jurisdictions into Scotland
Chapter 15: Duty to inquire; other detention or removal powers; the provision of places of safety; and nurse's power to detain
Overview of the powers available
A local authority's "duty to inquire" under section 33 of the Act
Removal order (a "section 293 order")
Recalling or varying a removal order (section 295)
An authorised person's order ("a section 292 warrant")
Removal from a public place
Nurse's power to detain a patient pending a medical examination (section 299)222
Definition of a place of safety
Designation of a place of safety
Chapter 16: Offences (Part 21)
Overview
Best practice points
Chapter 17: Glossary of commonly used terms
Chapter 18: Forms