mental health (care and treatment) (scotland) act 2003 code of practice volume 2 ?civil compulsory powers (parts 5, 6, 7 and 20)
Volume 2 of the Code of Practice for the Mental Health (Care andTreatment) (Scotland) Act 2003 (“the Act”) deals with a range of issuesrelating to what can be termed “civil compulsory powers”.
ISBN 0 7559 4568 9
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table of contents
Introduction to Volume 2
Coverage of this volume
Structure of this volume
Abbreviations and other commonly used terms
Good practice versus best practice
Interpretation of timescales
Chapter 1: Overview of civil compulsory powers
Definition of "mental disorder"
Definition of "medical treatment"
Overview of the civil compulsory power
Criteria for civil compulsory powers
Interpretation of expiry of compulsory power
Chapter 2: Short-term detention certificate (Part 6)
Overview of short-term detention
Process preceding the granting of the short-term detention certificate
Process following the granting of the short-term detention certificate
Revoking a short-term detention certificate
Extending a period of short-term detention
Interaction of short-term detention certificates with other detention certificates
Suspending a short-term detention certificate
Chapter 3: Applying for a compulsory treatment order (Part 7, Chapter 1)
Overview of the application process
Preparing a mental health report
Duties of the MHO once in receipt of two mental health reports
Preparing a mental health officer's report
Preparing a "proposed care plan"
Submitting the application to the Tribunal and the Tribunal's determination of the application
What can the Tribunal authorise with respect to the CTO application?
Interaction of CTO or interim CTO with other orders and certificates
Chapter 4: The compulsory treatment order and the interim compulsory treatment order in operation (Part 7, Chapters 2, 3 & 7)
Transferring the patient to hospital once a CTO or interim CTO has been made
Operation of an interim CTO
Responsibilities and best practice subsequent to the making of a CTO
Suspending the compulsory measures specified in a CTO or an interim CTO
Chapter 5: Reviewing a compulsory treatment order (Part 7, Chapter 4)
Overview of the review process
Carrying out a review: what must be done and when?
Options subsequent to a review taking place
Revoking the CTO
Extending the CTO with no variation of its terms: "a section 86 determination"
Extending the CTO with a variation of its terms subsequent to a mandatory review: "a section 92 application"
Varying the CTO subsequent to a "from time to time" review: "a section 95 application"
What other applications can be made to the Tribunal with respect to a CTO?
The Commission's power to make a reference to the Tribunal
The patient's or the named person's right to apply to the Tribunal (sections 99 and 100)
Chapter 6: Non-compliance with a community-based compulsory treatment order or interim compulsory treatment order (Part 7, Chapter 5)
Overview of non-compliance procedures
Lack of compliance with compulsory measures where hospital detention is not authorised
Further period of hospital detention following lack of compliance with compulsory measures
Interaction between a CTO or an interim CTO and any detention period or certificate authorised under sections 113 to 115
Lack of compliance with the "attendance requirement"
Chapter 7: Emergency detention certificate (Part 5)
Overview of emergency detention
Processes preceding the granting of the emergency detention certificate
Processes following the granting of the emergency detention certificate
Revoking an emergency detention certificate (sections 39 and 40)
Suspending an emergency detention certificate
Chapter 8: Absconding (Part 20)
Overview of absconding provisions
Which categories of patients can be said to have absconded
Chapter 9: Transferring patients within Scotland (Part 7, Chapter 6)
Domestic transfer of a patient subject to a CTO
Transferring patients subject to other certificates
Chapter 10: Glossary of commonly used terms
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