|
| Report
on the Review of the Mental Health (Scotland) Act 1984Footnotes Section
31 R v Bournewood Community and Mental Health NHS Trust, ex parte L,
[1998] 3 All ER 289
2 Per Lord Steyn at p305
3 'medical treatment'
is defined in s47 as 'any procedure or treatment designed to safeguard or promote
physical or mental health'.
4 Adults with Incapacity (Scotland) Act 2000,
s48
5 McGrath A and Jackson G, Survey of neuroleptic prescribing of residents
of nursing homes in Glasgow, BMJ, Volume 312, 9 March 1996, pp611-2
6 Since
the enactment of the NHS and Community Care Act 1990, amending the Social Work
(Scotland) Act 1968.
7 Social Work (Scotland) Act 1968, s12A(3C)
8 Community Care: Care Programme Approach for people with severe and enduring
mental illness including dementia, SWSG Circular 16/96.
9 We discuss definitions
of 'carers', 'nearest relatives' etc in Chapter 16
10 R v Gloucester County
Council, ex parte Barry [1997] 2 All England Reports, 1.
11 Mental Health
(Scotland) Act 1984, s11(1)
12 The same as you? - A review of services
for people with learning disabilities, (Scottish Executive 2000) Chapter 5
13 National Health Service (Scotland) Act 1978, s13 (amended by NHS & Community
Care Act 1990, Sched 9, para 19(4))
14 With Respect to Old Age Royal Commission
on Long Term Care (1999),
15 Report of the Joint Future Group (Scottish
Executive, November 2000)
16 Health and Community Care Committee, Enquiry
into the Delivery of Community Care in Scotland, 16th report, 2000
17 Advocacy
- A Guide to Good Practice: Scottish Health Advisory Service
18 A Shared
Approach: Developing Adult Mental Health Services Accounts Commission for Scotland
(1999)
19 With Respect to Old Age Royal Commission on Long Term Care (1999)
20 See, for example, the policy documents Designed to Care (1997); Modernising
Community Care: An Action Plan (1998) and Modernising Social Work Services in
Scotland (1999).
21 Adults with Incapacity (Scotland) Act 2000, s1(4)
22 Scottish Law Commission, Report on Incapable Adults (Scot Law Com No
151), recommendation 68
23 Making the right moves (Scottish Executive 1999)
6-14
24 Adults with Incapacity (Scotland) Act 2000, s16(6)
25 For
a fuller discussion of this matter, see Incapable Adults, paras 5.41 to 5.46 and
British Medical Association, Advance Statements About Medical Treatment 1996.
This was written in response to a report by the House of Lords Select Committee
on Medical Ethics, which called for a Code of Practice on advance statements.
26 Advance Statements About Medical Treatment, 1996, British Medical Association.
27 Although only if the advance statement related to something that came
within the scope of the Act itself. An advance statement on another matter would
not be affected.
28 Adults with Incapacity (Scotland) Act 2000, s16
29 Adults with Incapacity (Scotland) Act 2000, s19
30 1984 Act s53(5)
31 Adults with Incapacity (Scotland) Act 2000, s87
32 1984 Act
s56
33 JT v United Kingdom 1998 Application No. 26494/95
34 Adults
with Incapacity (Scotland) Act 2000 s4
35 Adults with Incapacity (Scotland)
Act 2000, ss 15 and 16
36 1984 Act s111(2)
37 1984 Act s35B(2)
38 Inserted by the Carers (Recognition and Services) Act 1995
39 Social
Work (Scotland) Act 1968 s12A(3A)(b)
40 A strategy for carers in Scotland
Scottish Executive (1999).
41 Carers (Recognition Services) Act 1995:
Policy and Practice Guidance, SWSG Circular 11/96, para 11. However, this appears
to run contrary to the commitment given during the passage of the Carers Bill
that young carers would be included (Hansard Vol 258 cols 424-434). See McKay
C., and Patrick H. The Care Maze: Update. (Enable, 1997)
42 Home Office
Working Party on Electoral Procedures, chaired by George Howarth: report (Home
Office, 1999)
43 Representation of the People Act 2000, s4.
44 Better
Homes for Scotland's Communities: the Executive's proposals for the Housing Bill
(Scottish Executive 2000)
45 Better Homes for Scotland's Communities:
the Executive's proposals for the Housing Bill (Scottish Executive 2000) section
three
46 Better Homes for Scotland's Communities: the Executive's proposals
for the Housing Bill (Scottish Executive 2000) pages 21-22
47 Better Homes
for Scotland's Communities: the Executive's proposals for the Housing Bill (Scottish
Executive) page 15
48 Better Homes for Scotland's Communities: the Executive's
proposals for the Housing Bill (Scottish Executive) section seven
49 Better
Homes for Scotland's Communities: the Executive's proposals for the Housing Bill
(Scottish Executive) page 77
50 The same as you? A review of services
for people with learning disabilities; Scottish Executive (2000) Recommendation
17
51 Criminal Law Consolidation (Scotland) Act 1995, s50A
52 The
same as you? A review of services for people with learning disabilities; Scottish
Executive (2000) Recommendation 21
53 Denmark, John C., Deafness and Mental
Health, (Jessica Kingsley Publ., 1994)
54 1984 Act, s110
55 We use children
to mean people aged under 16, and young people to mean those aged 16-18.
56 Children (Scotland) Act 1995, s17 |
What We Do