« Previous | Contents | Next »
Listen
Section 1. Introduction
The 2003 Act will come into force in October 2005. It
will affect all professionals in Scotland working in mental
health.
This booklet is designed to complement the training
programme through which psychiatrists can receive Section
22 accreditation as approved medical practitioners (
AMPs) (Box 1).
Box 1. Approved medical
practitioners (
AMPs) Section 22-
AMPs are those doctors who
have undertaken requisite training in the 2003
Act. They must be fully registered medical
practitioners who are either: - Members or fellows of the Royal College
of Psychiatrists, or
- Have four years' continuous experience
in the specialty of psychiatry and are
sponsored by their local medical
director.
|
Training for
AMPs consists of a day of
knowledge-based learning and a self-assessment exercise
(available on the
NHS Education for Scotland website at
www.nes.scot.nhs.uk/mha/amp). Completion of training
involves a day of workshop-based training on the 2003
Act.
The booklet should be a valuable and practical reference
tool for
AMPs and it is hoped that it will also
be a useful resource for other people interested in the
application of the 2003 Act.
The booklet reviews specific areas of the 2003 Act and
explores priority areas for
AMPs. These are:
The 2003 Act's three principal civil certificates:
- Short-term detention certificate (
STDC) - Section 44
- Compulsory treatment order (
CTO) - Section 64
- Emergency detention certificate (
EDC) - Section 36.
- Other issues relating to the 2003 Act:
- Transfers (within and outwith Scotland)
- Suspension of compulsory measures
- The responsibilities of statutory bodies in
administering the 2003 Act
- New rules on patients' rights and
representation
- The 2003 Act and the criminal justice system.
A comparison of the major changes in the 2003 Act is
shown in Table 1.
Table 1. Mental Health (Care and Treatment) Act
Scotland 2003: comparison with the 1984 Act
2003 Act | 1984 Act |
|---|
Principles (Section 1) | No principles |
Tribunal (Section 21) | Sheriff Court |
Short-Term Detention (Sections 44).
MHO consent required | Sections 26. Relative/nearest. relative or
MHO consent required |
Emergency (Section 36) | Sections 24 and 25 |
Compulsory Treatment Orders (Section
64(4)(a)) | Section 18 Orders |
Assessment Orders (Section 52D) Criminal
Procedure (Scotland) Act 1995 (the '95 Act)
inserted by Section 130 | Section 52, the '95 Act |
Treatment Orders (Section 52M), the '95
Act, | Section 70 (for patients |
inserted by Section 130 | transferred from prison) |
Interim Compulsion Orders (Section 53), | Interim Hospital Orders |
the '95 Act, inserted by Section 131 | (Section 53), the '95 Act |
Compulsion Orders (Section 57A(2)), the '95
Act, inserted by Section 133 | Hospital Orders (Section 58), the 95'
Act |
Patient Representation/Named Person (Section
250-254 and Section 257) | Nearest Relative (Section 53) |
Advocacy (Section 259) | No formal right to advocate |
Advance Statements (Section 275) | No duty re Advance Statements |
Local Authority Responsibilities (Section
25-35) | Local Authority Responsibilities (Section
7-11 and Section 92) |
Medical Responsibilities (Section 22-24) | No specific Medical Responsibilities |
Directions, Regulations, Code of Practice,
Local Procedures | Directions, Regulations, Code of Practice,
Local Procedures |
« Previous | Contents | Next »