Adults with Incapacity Amendment Act: consultation

Glossary of Terms

“2003 Act” – The Mental Health (Care and Treatment) (Scotland) Act 2003

“Advocacy” - Advocacy means getting support from another person to help the adult express their views and wishes, and to help make sure their voice is heard. Someone who helps an adult in this way is called an advocate

“ATF” – Access to Funds. This is a scheme operated by the Office of the Public Guardian to access an incapacitated adult’s funds

“Article 5 ECHR” – Article 5 of the European Convention on Human Rights relates to the right to liberty and security. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in certain cases and in accordance with a procedure prescribed by law

“The AWI Act” – The Adults with Incapacity (Scotland) Act 2000

“Caldicott Guardian” - An individual who is responsible for ensuring that personal health and social care data is processed and stored legally, ethically, and appropriately in an organisation

“Care Inspectorate” - The Care Inspectorate regulates and inspects care services in Scotland to make sure that they meet the right standards. They jointly inspect with other regulators to check how well different organisations in local areas work to support adults and children

“Court of Session” - The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh, and is both a trial court and a court of appeal

“Clinical Trials Regulations” - Refers to The Medicines for Human Use (Clinical Trials) Regulations 2004

“CTIMP” - A Clinical Trial of an Investigatory Medical Product. Broadly speaking, these trials involve testing new medicines and drugs. In the UK, such trials are governed by The Medicines for Human Use (Clinical Trials) Regulations 2004. CTIMPs require approval from the Medicines and Healthcare products Regulatory Agency (MHRA) and guidance on how to apply for CTIMP authorisation in the UK (including on whether a research study should be classified as a CTIMP) can be found here: Clinical trials for medicines: apply for authorisation in the UK

“DOL” – Deprivation of Liberty

“ECHR” – The European Convention on Human Rights

“Faculty of Advocates” - The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh

“HRA” - Health Research Authority. The Health Research Authority is an arm’s length body of the Department of Health and Social Care of the UK Government.

“Identifiable Data” - If the identity of an individual can be ascertained from the data that has been provided by them, that data is said to be identifiable data.

“Investigational Medicinal Product” - Defined in The Medicines for Human Use (Clinical Trials) Regulations 2004 as:

A pharmaceutical form of an active substance or placebo being tested, or to be tested, or used, or to be used, as a reference in a clinical trial, and includes a medicinal product which has a marketing authorisation but is, for the purposes of the trial—

(a) used or assembled (formulated or packaged) in a way different from the form of the product authorised under the authorisation,

(b) used for an indication not included in the summary of product characteristics under the authorisation for that product, or

(c) used to gain further information about the form of that product as authorised under the authorisation

“Law Society of Scotland” - The professional governing body for Scottish solicitors. It promotes the interests of the public in relation to the profession. The Society helps to shape the law for the benefit of both the public and the profession

“Lay Members” - People who are not employed in health or care professions, or whose primary professional interest is not health or care-related research.

“Medicinal Product” - The body that regulates medicines, medical devices and blood components for transfusion in the UK - the Medicines and Healthcare products Regulatory Agency (MHRA) - uses the definitions for Medicinal Product found in Article 1 of EU Directive 2001/83/EC: A Medicinal Product is:

“Any substance or combination of substances presented as having properties for treating or preventing disease in human beings; or

Any substance or combination of substances which may be used in, or administered to, human beings, either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.”

MHRA guidance states that a product that falls under either definition is sufficient to be classified as a Medicinal Product.

“Mental Health Officer” - A mental health officer is a social worker who has special training and experience in working with people who have a mental illness, learning disability or related condition

“MHTS” – The Mental Health Tribunal for Scotland

“MWC” – The Mental Welfare Commission

“Non-CTIMP” - A research study which does not involve testing an Investigational Medicinal Product (as defined in The Medicines for Human Use (Clinical Trials) Regulations 2004)

“NRS” - NHS Research Scotland is an organisation that promotes and supports excellence in clinical and translational research in Scotland so that patients can benefit from new and better treatments.

“OPG” – The Office of the Public Guardian

“Section 22 Doctor” - A section 22 doctor is a medical practitioner approved by the local health board, or the State Hospital’s Board for Scotland for the purposes of section 22 of the Mental Health (Care and Treatment) Scotland Act 2003 as having special experience in the diagnosis and treatment of mental disorder

“PBPP” - Public Benefit and Privacy Panel. NHS Scotland body that scrutinises, reviews, and approves applications for accessing NHS Scotland data for non-direct care purposes (e.g. research).

“Research Ethics Committee (REC)” - Research Ethics Committees are the bodies within the UK Research Ethics Service that are responsible for reviewing research proposals that involve NHS patients, and protect the rights, safety, dignity and wellbeing of these research participants in the UK

“Scotland A REC (SAREC)” - The Research Ethics Committee which reviews research proposals in Scotland involving incapacitated adults. It is currently the only Research Ethics Committee in Scotland which is authorised to do so

“The Commission” – The Scottish Law Commission (SLC). The Commission is Scotland's law reform body. It was established under the Law Commissions Act 1965 to make recommendations to Government to simplify, modernise and improve Scots law

“The Regulations” - The Adults with Incapacity (Ethics Committee) (Scotland) Regulations 2002

“UNCRPD” – The United Nations Convention on the Rights of Persons with Disabilities