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

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.

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)
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)
Best practice points
Chapter 17: Glossary of commonly used terms
Chapter 18: Forms

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