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National Care Standards: Independent Specialist Clinics
Annex B
Useful reference material
LEGAL
The Adults with Incapacity (Scotland) Act 2000
This Act regulates actions on behalf of an adult with impaired capacity. It sets out specific provisions in relation to acting on the adult's behalf in a wide range of property, financial and welfare matters. Under the Act, anything that is done on behalf of an adult with incapacity will have to:
benefit her or him;
take account of the person's wishes and feelings;
take account of the views of the nearest relative, carer, guardian or attorney, where reasonable and practicable to do so;
achieve the desired purpose, without unduly limiting the adult's freedom; and
encourage the adult to use the skills and ability they have.
The Age of Legal Capacity (Scotland) Act 1991
The Act deals with a number of issues relating to the effect of a child or young person's age on matters which would otherwise be legally binding. The Act defines when children and young people can consent to medical treatment.
The Children (Scotland) Act 1995
The Act puts children first. Each child has the right to:
be treated as an individual;
form and express views on matters affecting her or him; and
be protected from all forms of abuse, neglect or exploitation.
Parents and local authorities have rights and responsibilities in achieving the balance of care.
The Consumer Protection Act 1987
Part III of this Act deals with prices. Traders are not allowed to mislead consumers about the selling price of goods, services, facilities and accommodation. They must not suggest that the price is less than it really is.
The Data Protection Act 1998
The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.
The Disability Discrimination Act 1995
This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.
The Health and Safety at Work etc Act 1974
The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.
The Human Rights Act 1998
The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:
freedom of thought, conscience and religion;
freedom of expression;
freedom of assembly and association;
the right to have respect for private and family life; and
the right to marry.
The Immigration Act 1971 (as amended)
Together with the Asylum and Immigration Act 1996 and the Asylum and Immigration Appeals Act 1993, these Acts cover the process of entry into and stay in the United Kingdom by way of immigration or asylum.
The Immigration (Restrictions on Employment) Order 1996
Under Section 8 of the Asylum and Immigration Act 1996, an employer will commit an offence if he employs a person subject to immigration control who has attained the age of 16 if the employee has not been granted leave to enter or remain in the United Kingdom, or if his leave is not valid and subsisting or is subject to a condition precluding him from taking up the employment. The Order sets out certain exemptions to Section 8, describes the documents which an employer can use in his defence, and specifies the manner of copying or recording these documents.
The Mental Health (Scotland) Act 1984
Currently under review, the Act provides for, amongst other matters, the compulsory detention and treatment of people with a mental disorder.
The Misuse of Drugs Act 1971
The Act is the main law for drugs control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.
The Police Act 1997
Part V of the Police Act 1997 was brought into force in April 2002. This provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.
The Protection of Children (Scotland) Act 2003
The Act provides for Scottish Ministers to establish a 'List of individuals unsuitable to work with children', in either paid employment or as unpaid volunteers. The fact that someone is on the list will be released in Scotland as part of a check carried out under Part V of the Police Act 1997 for posts that involve access to children.
The Public Interest Disclosure Act 1998
The Act protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.
The Race Relations Act 1976
The Act makes racial discrimination unlawful in employment, service delivery, training and other areas.
The Race Relations (Amendment) Act 2000
The Act makes racial discrimination unlawful in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.
The Act also requires all public authorities (and those bodies who discharge a function on behalf of a public authority) to identify policies and functions which have relevance to the general duty and review the operation and outcomes of such policies for their differential impact on ethnic minority communities.
Radiation (Medical Exposure) Regulations 2000
The Regulations implement for Great Britain the majority of the provisions of Council Directive 97/43/Euratom of 30 June 1997 (the 'Medical Exposures Directive') laying down the basic measures for the radiation protection of persons undergoing medical exposures. The remainder is implemented in the Ionising Radiations Regulations 1999 ('IRR 1999'). The Directive reflects the 1990 Recommendations of the International Commission on Radiological Protection. The Regulations apply only to individual medical exposures. The Regulations apply to both the NHS and the private sector.
The Regulation of Care (Scotland) Act 2001
The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.
You can visit these websites for information:
www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm
www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm
The Rehabilitation of Offenders Act 1974
The Act enables some criminal convictions to become 'spent' or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.
The Sex Discrimination Act 1975
The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.
The Supply of Goods and Services Act 1982
The Act regulates contracts for the supply of services and contracts for the supply of goods where they are not being supplied under contract for sale. Where goods are being supplied to a customer, they should be as described, be fit for purpose and be of satisfactory quality.
POLICY
Aiming for Excellence: Modernising Social Work Services in Scotland 1999
The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.
Our National Health 2000: A Plan For Action, A Plan For Change
The health plan aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.
Partnership for Care 2003
The white paper builds on 'Our National Health' and moves on to develop certain key issues. The paper sees patients and national standards as key drivers of change in the Health Service. It outlines ways in which the redesign, integration and quality of services can be systematically progressed, and it seeks a step change in approach to health improvement as an essential component.
The UN Convention on the Rights of the Child
The Convention is not law but a code of practice that the Government signed up to in 1991. It recognises that young people under 18 in Scotland do have rights. These rights must be given fairly, and children and young people must be kept safe and well, and able to take part in society.
OTHER USEFUL REFERENCES
Department of Health
Guidelines for the Safe and Secure Handling of Medicines. Professor R Duthie (September 1998).
Comprehensive Critical Care Report (2000).
Resuscitation Policy (2000).
Reference Guide to Consent for Examination or Treatment (June 2001).
General Medical Council (GMC)
Seeking patients' consent: the ethical considerations (1998).
Good Medical Practice 3rd Edition (2001).
Confidentiality: Protecting and Providing Information (2000).
NHS Quality Improvement Scotland19
Clinical Governance Standards - Generic (March 2002).
Healthcare Associated Infection (HAI) Control - December 2001.
Independent Healthcare Association (IHA)
Guidance on the Care of Children receiving care in the Independent Sector Acute Hospitals (2003).
Cosmetic Surgery Standards (2003).
Good Medical Practice in Cosmetic Surgery (2003).
Nursing and Midwifery Council (NMC)
UKCC Guidelines for Professional Practice (1996).
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UKCC Standards for PREP (1995).
Code of Professional Conduct (June 2002).
Guidelines for Records and Record keeping (April 2002).
Guidelines for the Administration of Medicines (April 2002).
Resuscitation Council (UK)
CPR Guidelines for Clinical Practice and Training in Hospitals (2000).
Adult Advances Life Support. Resuscitation Guidelines (2000).
Resuscitation Guidelines 2000: Joint statement on decisions relating to cardiopulmonary resuscitation from British Medical Association, the Resuscitation Council (UK) and the Royal College of Nursing (February 2001).
Miscellaneous
Clinical Pathology Accreditation (2000). Standards for the Medical Laboratory.
Clinical Pharmacy in the Hospital Pharmaceutical Service: A Framework for Practice. NHSiS Scotland CRAG July 1996.
Guidelines for the Safe Use of Cytotoxic Chemotherapy in the Clinical Environment. Association of Scottish Trust Chief Pharmacists. August 2000.
Medicines Ethics and Practice - A Guide for Pharmacists. Royal Pharmaceutical Society of Great Britain.
Patient Group Directions NHSiS Scottish Executive HDL (2001).
Guidelines on the Safe Use of Lasers in Medical and Dental Practice, Medical Devices Agency, London 1995.
Royal College of Psychiatrists: ECT Guidelines.
Mental Welfare Commission (1998). Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.
Royal College of Anaesthetists (1999). Guidelines for the Provision of Anaesthetic Services.
Royal College of Pathologists. Guidelines for the retention of tissues and organs at post-mortem (March 2000).
Royal College of Surgeons of England (2000). Children's Surgery - A First Class Service.
Report of Short-life Working Group on ICU and HDU issues. Better Critical Care. Health Department, Scottish Executive (2000).
Weight Management
National Obesity Forum Guidelines on obesity management. The National Obesity Forum is an independent medical association that was established in May 2000 to raise awareness of the growing impact of obesity and overweight. Membership is open to all healthcare professionals and is free. It aims to improve the delivery of best practice in the management of obesity and its associated illnesses. The Guidelines and information on the Forum can be seen on NOF's website
www.nationalobesityforum.org .
Obesity Management Association Code of Ethics. The OMA is an association established by a group of independent practitioners in private practice to self regulate and monitor the private obesity management slimming sector in the UK. All registered members (clinics and doctors providing this type of care privately) of OMA agree to abide by the Association's Code of Ethics. The code and other information on the Association can be found on OMA's website at
www.omaorg.com .
SIGN Guideline 69 - Management of obesity in children and young people - A national clinical guideline. April 2003.
www.sign.ac.uk .
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