This item was published during the term of a previous administration that ended in April 2007
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More efficient procedures for Adults with Incapacity Act
02/07/2004
Plans have been announced to make changes to Part 5 of
the Adults with Incapacity (Scotland) Act 2000, following
a consultation on the early stages of its
implementation.
Part 5 of the Act, which came into force on July 1
2002, clarifies the law for healthcare professionals who
give medical treatment to adults with incapacity and in
doing so provides important safeguards for a vulnerable
group of people.
The first stages of implementation highlighted some
concerns from doctors about the workload implications of
the certification process under section 47 of the Act,
which authorises medical treatment to be undertaken, and as
set out in the Code of Practice which gives guidance on the
operation of Part 5.
In light of these concerns the Health Minister Malcolm
Chisholm announced that a review of the Code of Practice
which had been due to take place on July 1 2003 would be
brought forward. A consultation exercise was carried out to
consider whether changes needed to be made to ease
implementation.
Discussions with key stakeholders and qualitative
research have also been undertaken to assess the impact of
the legislation on adults with incapacity, carers and
health professionals.
There are two changes to Part 5 of the Act the Executive
intends to put to the Scottish Parliament when a suitable
Bill becomes available, as they require to be made by law.
These are to allow:
* healthcare professionals other than registered medical
practitioners to issue certificates of incapacity under
section 47, provided they have the necessary skills and
expertise to assess capacity
* the maximum duration of section 47 certificates to
be extended from 1 to 3 years, in certain circumstances,
for example where the adult has a degenerative or
progressive illness, with no prospect of improvement or
recovery.
Subject to consultation with key stakeholders, a revised
Code of Practice is also to be published to bring greater
clarity to current procedures and facilitate the operation
of Part 5. The Executive is also currently considering
providing enhanced training and education for healthcare
professionals and other stakeholders in respect of this
part of the Act.
Health Minister Malcolm Chisholm said:
"Our aim in this review has been to find ways to help
improve the operation of this important legislation, while
at the same time maintaining its principles and ensuring
the continuing benefits and protection it provides for this
vulnerable group of adults.
"I believe the measures I have announced today will
enable more effective delivery of the provisions of this
Act without diminishing its principles. I would like to
extend my thanks to those who participated in the
consultation in order to ensure this important piece of
legislation, protecting as it does a vulnerable group in
society, will operate more efficiently in future."
Adults With Incapacity (Scotland) Act 2000:
Review of Code of Practice for Part 5 - Medical
Treatment And Research - and Related Issues was published
and consulted on in 2003 -
http://www.scotland.gov.uk/library5/health/awic3-00.asp
As part of this consultation exercise, research was
undertaken into the impact of the new Act during the early
phase of implementation. This can be accessed at:
www.scotland.gov.uk/publications
The Adults with Incapacity Act 2000 was the first major
piece of legislation to pass through the Scottish
Parliament.
www.hmso.gov.uk