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Publication - Consultation Paper

Implementation of the Mental Health (Scotland) Act 2015: consultation, part 2

Published: 25 Jul 2016
Part of:
Health and social care
ISBN:
9781786523686

Second consultation on the implementation of the Mental Health (Scotland) Act 2015 focusing on cross-border transfer regulations, regulations relating to absconding patients and transitional and savings provisions.

30 page PDF

339.9kB

30 page PDF

339.9kB

Contents
Implementation of the Mental Health (Scotland) Act 2015: consultation, part 2
Annex B

30 page PDF

339.9kB

Annex B

Glossary

  • Advance Statement - A signed and witnessed document written by a person setting out their preferences for how they wish to be treated, or not treated, when they are unwell.
  • Approved Medical Practitioner ( AMP) - a medical practitioner who has been approved under the 2003 Act by a Health Board or by the State Hospitals Board for Scotland as having specialist training experience in the diagnosis and treatment of mental disorder .
  • Assessment Order ( AO) - an order granted by a criminal which authorises detention in hospital for a limited time, used as the starting point of investigation into mental disorder.
  • Compulsion Order ( CO) - a final disposal made by a criminal court authorising detention and treatment in a hospital or community setting for an initial period of six months, which can be extended and then reviewed annually. Requires two medical reports and an MHO report.
  • Compulsion Order with Restriction Order ( CORO) - same as Compulsion Order but without limit of time. Reserved for the most serious and high risk offenders.
  • Compulsory Treatment Order ( CTO) - a civil equivalent to the CO. Granted by a Tribunal under the 2003 Act, authorises detention and treatment in hospital or community for an initial period of six months, which can be extended and is then reviewed annually. Requires two medical reports and an MHO report.
  • Designated Medical Practitioner ( DMP) - an independent experienced psychiatrist, appointed by the Mental Welfare Commission for Scotland
  • Emergency Detention Certificate ( EDC) - an order granted by a medical practitioner which lasts for 72 hours and is used to detain a person in hospital for making urgent inquiries into their mental health.
  • Hospital Direction ( HD) - an order which authorises detention of a patient in hospital until they are well enough to be transferred to prison to complete their sentence.
  • Independent Advocate - a person who helps patients express their views in relation to their care and treatment. Advocacy is provided free of charge under section 259 to all persons with a mental disorder.
  • Interim CO ( ICO) - an order which may be made whilst further medical reports have been requested before a full compulsion order can be imposed by the Court.
  • Interim CTO ( ICTO) - an order which may be made by the Tribunal if a decision cannot be made at a hearing (e.g. because more information is required) about the granting of a full CTO. Lasts up to 28 days, and can be renewed repeatedly so long as total detention does not exceed 56 days.
  • Listed person - a role introduced by the 2015 Act allowing the patient's carer, nearest relative, guardian or welfare attorney to initiate an appeal or application on the patient's behalf if the patient does not have a named person or the capacity to do this on their own behalf.
  • Mental Health Officer ( MHO) - a social worker with specialist training and skills in relation to mental health.
  • Mental Health Tribunal for Scotland - an independent judicial body which deals with applications for review, variation and recall for civil orders and compulsion orders, including those with restriction.
  • Mental Welfare Commission for Scotland- an independent regulatory body which provides on-going monitoring of the 2003 Act to Scottish Ministers. Provides advice to professionals and service users, and also has powers to investigate cases where there are concerns of care standards.
  • Named Person - someone appointed to look after the patient's interests. They are entitled to receive information about the patient and in certain circumstances can make applications on their behalf.
  • Responsible Medical Officer ( RMO) - the lead medical practitioner who has overall responsibility for a patient's care and treatment.
  • Savings provision - this saves the old law, so that it continues to apply in relation to specified cases or situations, despite the commencement of the new law .
  • Short Term Detention Certificate ( STDC) - granted by an approved medical practitioner which enables a patient to be detained in hospital for a period of 28 days for the purposes of assessment or treatment of the patient's mental condition.
  • Transfer for Treatment Direction ( TTD) - a direction issued by Scottish Ministers under the 2003 Act where a serving prisoner requires hospital treatment for mental disorder.
  • Transitional provisions - modify the new law in its application to circumstances existing when the new law comes into force.
  • Treatment Order ( TO) - an order granted a by a court which authorises detention and treatment in hospital until certain conditions have been met. Used to facilitate treatment whilst the patient is undergoing court process.
  • United Kingdom ( UK) - existing regulations relating to cross-border transfers and absconding regulations that relate to other UK jurisdictions may also include Crown Dependencies including the Channel Islands and the Isle of Man.

Contact

Email: Eleanor Stanley, mentalhealthlaw@gov.scot