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.

Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1
Page 19
Chapter 18: Forms

All forms are non-statutory except where indicated

Form

Act reference

Short-term and Emergency detention (Parts 5 and 6)

DET 1

Sections 36 & 37

Emergency detention certificate

DET 2

Sections 44 & 45

Short-term detention certificate

DET 3

Section 45

MHO duties under section 45

DET 4

Sections 47 & 48

Extension of short-term detention certificate

Compulsory Treatment Order (Part 7)

CTO 1

Sections 63, 64 & 66

CTO application pack

CTO 1a

Sections 63, 64 & 66

CTO and Interim CTO admission form

CTO 2

Section 58

Mental health report

CTO 3a

Sections 77, 78 & 86

RMO's mandatory review of a CTO and section 86 determination to extend a CTO

CTO 3b

Sections 77, 78 & 86

Review by the Tribunal of a section 86 determination

CTO 4

Sections 78, 91, 92 & 103

RMO's mandatory review of a CTO and a section 92 application to extend and vary a CTO

CTO 5

Section 94

RMO's application to the Tribunal to vary a CTO

CTO 6

Section 65

The making of an interim CTO by the Tribunal

CTO 7

Section 112

RMO's record of a patient having been taken into custody following failure to attend for medical treatment where this is a compulsory measure in the CTO (this form may also be used for compulsion orders)

CTO 8

Sections 113, 117

RMO's record of the patient's non compliance generally with a CTO which authorises compulsory powers in the community (this form may also be used for compulsion orders)

CTO 9

Sections 114 & 177

RMO's certificate authorising continued detention of the patient pending review or application for variation; or interim compulsory treatment order detention pending further review

CTO 10

Sections 96 & 97

RMO's reference to the Tribunal with respect to the non-provision of a recorded matter and the Tribunal's determination with respect to such a reference

CTO 11

Section 98

Reference to the Tribunal by the MWC and the Tribunal's subsequent determination

CTO 12

Sections 105/106

Tribunal's determination where an interim extension and/or interim variation of the order is imposed

Admission following criminal justice proceedings

ADM 1

Criminal Procedure (Scotland) Act 1995 ( CPSA 1995)

Notification of admission of a patient following the imposition of an assessment order, a treatment order, an interim compulsion order, a supervision and treatment order, a compulsion order, a compulsion order and a restriction order, a hospital direction, a transfer for treatment direction or a probation order with a requirement for treatment for mental condition

Discharge of a patient subject to criminal proceedings

DISC 1

Criminal Procedure (Scotland) Act 1995

Record of the discharge of a patient who is subject to: an assessment order, a treatment order, an interim compulsion order, a supervision and treatment order, a compulsion order, a compulsion order and a restriction order, a hospital direction, a transfer for treatment direction or a probation order with a requirement for treatment for mental condition.

Review of an interim compulsion order (Part 8)

CO 5

53B(1) of CPSA 1995

RMO's report to the court where he/she considers that an interim compulsion order should be extended

Compulsion Order (Part 9)

CO 1

Sections 149 and 167

RMO's application to the Tribunal to extend a CO following first review and the Tribunal's order following application

CO 2a

Sections 140, 152, 153 & 166

RMO's determination to extend a compulsion order following further review

CO 2b

Sections 140, 152, 153 & 166

Review by the Tribunal of the RMO's determination to extend a CO following further review

CO 3

Sections 157, 158 & 167

RMO's application to the Tribunal to extend and vary a CO and determination by the Tribunal following an application to extend and/or vary a CO

CO 4

Sections 160, 161 & 167

RMO's application to the Tribunal to vary a CO and the Tribunal's subsequent determination

CO 6

Sections 168/169

Tribunal's determination where an interim extension and/or interim variation of a CO is imposed

CO 7

Sections 163, 164

Application by the patient or the named person to the Tribunal to revoke or vary a CO and the Tribunal's subsequent determination

CO 8

Sections 162/171

Reference to the Tribunal by MWC and the Tribunal's subsequent determination

CTO 7

Section 112 as applied by section 176

RMO's record of the patient having been taken into custody following failure to attend for medical treatment where this is a compulsory measure in the CO (or a CTO)

CTO 8

Sections 113 and 117 as applied by section 177

RMO's record of the patient's non compliance generally with a CO (or a CTO) which authorises compulsory powers in the community

CO 9

Section 114 as applied by section 177(2)

RMO's certificate authorising continued detention of the patient pending review or application for variation of a CO

CO 10

Sections 141, 142, 144

RMO's record of the revocation of a CO; a record of the notifications made with respect to the revocation and record of termination of a CO

Compulsion Order and Restriction Order (Part 10)

CORO 1

Sections 183 & 185

RMO's review of a CORO

CORO 2

Sections 191, 193

Application by Scottish Ministers to Tribunal under section 191 or 193

CORO 3

Sections 193, 201 and 204

Tribunal's record of an application by the patient or named person against:

  • the variation by the Scottish Ministers of the conditions imposed by the Tribunal on the conditional discharge of the patient;

  • being recalled to hospital by the Scottish Ministers and the Tribunal's subsequent determination of the application

Hospital direction/Transfer for treatment direction (Part 11)

HD 1

Section 206

RMO's review of a hospital direction or a transfer for treatment direction

HD 2

Sections 210, 211, 213 to 215

The Scottish Ministers' record of their decision whether or not to revoke the direction following a recommendation by the RMO; their reference to the Tribunal where they have not revoked a direction after having received such a recommendation and their record of revoking the direction upon the instructions of the Tribunal. The Tribunal's record of the patient or named person having made an application under section 214 and of its own direction to the Scottish Ministers to revoke the direction

Suspension of detention (Parts 5, 6, 7, 9 and 13)

SUS 1

Sections 127, 128 & 129

RMO's certificate granting the suspension of compulsory measures relating to a CTO, or an interim CTO

SUS 2

Sections 41, 42, 53 & 54

RMO's certificate granting the suspension of an emergency detention certificate, or a short-term detention certificate and any subsequent revocation or suspension (where appropriate)

SUS 3

Sections 221 to 226

RMO's certificate granting the suspension of the measure authorising detention in hospital in accordance with sections 221 or 224 and revocation by the RMO or the Scottish Ministers of such a certificate.

SUS 4

Sections 127, 128, 129, as applied by 179

RMO's certificate granting the suspension of compulsory measures relating to a CO and the revocation of such a certificate

Revocation of certificates (Parts 5, 6 and 7)

REV 1

Section 40

Revocation of emergency detention, short-term detention certificate and extension certificate

REV 2

Sections 72 & 80

RMO's revocation of a CTO or an interim CTO

REV 3

Section 119

RMO's revocation of a certificate granted under section 114 or 115 (applies to CTOs and COs)

REV 4

Sections 50, 100 & 120

Determination by the Tribunal following application by patient or named person to revoke a short-term detention certificate or an extension certificate; or to revoke a section 114 or 115 certificate (as applicable to CTOs or COs); or to revoke or vary a CTO

Transfers (Parts 7, 9, 12 and 18)

TX 1

Section 290

Cross-border transfer of a patient subject to civil or criminal justice proceedings

TX 2

Sections 124, 178 & 218

Notification by hospital managers of the transfer within Scotland of a patient subject to a CTO, a compulsion order, a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction

TX 3

Sections 125, 126, 178, 219 & 220

Appeal by patient against transfer within Scotland

TX 4

Section 290

Tribunal determination following an appeal by the patient or named person against a cross-border transfer under section 290

Social Circumstances Report (Part 15)

SCR 1

Section 231

Social circumstances report

Medical treatment (Part 16)

T 1 (statutory)

Sections 235, 236 & 245

Safeguards for treatment by: certain surgical operations

T 2 (statutory)

Sections 238, 240 & 276

Certificate of consent to treatment

T 3 (statutory)

Sections 239, 241, 245 & 276

Certificate of second opinion for patients refusing consent or incapable of consenting, and record of section 276 requirements

T 4

Section 243

Urgent medical treatment

T 5

Section 248

Certificate safeguarding treatment to inform patients under 16

Excessive security (Part 17)

EXS 1

Sections 264 & 265

Detention in conditions of excessive security

EXS 2

Sections 265, 266, 269 & 270

Order under sections 265, 266, 269 or 270 of the Act

EXS 3

Sections 267 & 271

Application to recall under sections 267 (264 - 266) and 271 (268 - 270) of an order made by the Tribunal

EXS 4

Section 291

Record of appeal under section 291 of the Act in relation to an unlawful detention

Nurse's holding power (Part 19)

NUR 1

Section 299

Nurse's power to detain pending medical examination

Removal to a place of safety (Part 19)

POS 1

Section 298

Police constable's report: removal to a place of safety

Warrants relating to the duty to enquire under section 33 (Part 4)

MHO 1 (statutory)

Section 35(1)

Application for warrant to enter premises

MHO 2 (statutory)

Section 35(4)

Application for warrant to enable medical examination

MHO 3 (statutory)

Section 35(7)

Application for warrant for medical practitioner to have access to medical records

Warrants and Orders relating to entry detention and removal powers (Part 19)

MHO 4 (statutory)

Section 292 (Civil and Criminal)

Application by an authorised person to enter premises for the purpose of taking/retaking a patient

MHO 5 (statutory)

Section 293

Application to the sheriff for a removal order

MHO 6 (statutory)

Section 294

Application to a justice of the peace for a removal order

MHO 7 (statutory)

Section 295

Application for a recall or variation of a removal order

From September 2005, all Non-Statutory forms and Statutory forms may be found on the Scottish Executive's website at www.scotland.gov.uk/health/mentalhealthlaw