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MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 TRANSITIONAL TRAINING GUIDE INTRODUCTORY TRAINING FOR MENTAL HEALTH OFFICERS AND OTHER PRACTITIONERS
ANNEX A
A Summary of the Principles
The principles place a requirement on those people who have what we have called a formal role to discharge any function under the Act. The requirement is that, in discharging his or her function, such a person has regards for:
The present and past wishes and feelings of the patient;
In so far as is practicable, the views of the patient's named person, carer and any guardian or welfare attorney;
The importance of the patient participating as fully as possible in the discharge of the function;
The importance of providing information and support for the patient, in the form that is most likely to be understood, to enable the patient to participate;
The importance of the range of options available in the patient's case;
The importance of providing the maximum benefit to the patient;
The importance of the patient's abilities, background and characteristics, including age, sex, sexual orientation, religious persuasion, racial origin, cultural and linguistic background and membership of any ethnic group;
The importance of providing appropriate services and continuing care to the patient; and
The needs and circumstances of the patient's carer, providing such information as might be needed to assist in the care of the patient.
The function must be discharged in a manner that:
Involves the minimum restriction on the freedom of the patient that appears to be necessary in the circumstances;
Encourages equal opportunities; and
If the patient is a child (under 18 years old) best secures his or her welfare.
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