Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1
Volume 1 of the Code of Practice for the Mental Health (Care andTreatment) (Scotland) Act 2003 deals with a range of issues relating tothe general framework within which the Act operates.
Chapter 18: Forms
All forms are non-statutory except where indicated
Form |
Act reference |
|
---|---|---|
Short-term and Emergency detention (Parts 5 and 6) |
||
DET 1 |
Sections 36 & 37 |
Emergency detention certificate |
DET 2 |
Sections 44 & 45 |
Short-term detention certificate |
DET 3 |
Section 45 |
MHO duties under section 45 |
DET 4 |
Sections 47 & 48 |
Extension of short-term detention certificate |
Compulsory Treatment Order (Part 7) |
||
CTO 1 |
Sections 63, 64 & 66 |
CTO application pack |
CTO 1a |
Sections 63, 64 & 66 |
CTO and Interim CTO admission form |
CTO 2 |
Section 58 |
Mental health report |
CTO 3a |
Sections 77, 78 & 86 |
RMO's mandatory review of a CTO and section 86 determination to extend a CTO |
CTO 3b |
Sections 77, 78 & 86 |
Review by the Tribunal of a section 86 determination |
CTO 4 |
Sections 78, 91, 92 & 103 |
RMO's mandatory review of a CTO and a section 92 application to extend and vary a CTO |
CTO 5 |
Section 94 |
RMO's application to the Tribunal to vary a CTO |
CTO 6 |
Section 65 |
The making of an interim CTO by the Tribunal |
CTO 7 |
Section 112 |
RMO's record of a patient having been taken into custody following failure to attend for medical treatment where this is a compulsory measure in the CTO (this form may also be used for compulsion orders) |
CTO 8 |
Sections 113, 117 |
RMO's record of the patient's non compliance generally with a CTO which authorises compulsory powers in the community (this form may also be used for compulsion orders) |
CTO 9 |
Sections 114 & 177 |
RMO's certificate authorising continued detention of the patient pending review or application for variation; or interim compulsory treatment order detention pending further review |
CTO 10 |
Sections 96 & 97 |
RMO's reference to the Tribunal with respect to the non-provision of a recorded matter and the Tribunal's determination with respect to such a reference |
CTO 11 |
Section 98 |
Reference to the Tribunal by the MWC and the Tribunal's subsequent determination |
CTO 12 |
Sections 105/106 |
Tribunal's determination where an interim extension and/or interim variation of the order is imposed |
Admission following criminal justice proceedings |
||
ADM 1 |
Criminal Procedure (Scotland) Act 1995 ( CPSA 1995) |
Notification of admission of a patient following the imposition of an assessment order, a treatment order, an interim compulsion order, a supervision and treatment order, a compulsion order, a compulsion order and a restriction order, a hospital direction, a transfer for treatment direction or a probation order with a requirement for treatment for mental condition |
Discharge of a patient subject to criminal proceedings |
||
DISC 1 |
Criminal Procedure (Scotland) Act 1995 |
Record of the discharge of a patient who is subject to: an assessment order, a treatment order, an interim compulsion order, a supervision and treatment order, a compulsion order, a compulsion order and a restriction order, a hospital direction, a transfer for treatment direction or a probation order with a requirement for treatment for mental condition. |
Review of an interim compulsion order (Part 8) |
||
CO 5 |
53B(1) of CPSA 1995 |
RMO's report to the court where he/she considers that an interim compulsion order should be extended |
Compulsion Order (Part 9) |
||
CO 1 |
Sections 149 and 167 |
RMO's application to the Tribunal to extend a CO following first review and the Tribunal's order following application |
CO 2a |
Sections 140, 152, 153 & 166 |
RMO's determination to extend a compulsion order following further review |
CO 2b |
Sections 140, 152, 153 & 166 |
Review by the Tribunal of the RMO's determination to extend a CO following further review |
CO 3 |
Sections 157, 158 & 167 |
RMO's application to the Tribunal to extend and vary a CO and determination by the Tribunal following an application to extend and/or vary a CO |
CO 4 |
Sections 160, 161 & 167 |
RMO's application to the Tribunal to vary a CO and the Tribunal's subsequent determination |
CO 6 |
Sections 168/169 |
Tribunal's determination where an interim extension and/or interim variation of a CO is imposed |
CO 7 |
Sections 163, 164 |
Application by the patient or the named person to the Tribunal to revoke or vary a CO and the Tribunal's subsequent determination |
CO 8 |
Sections 162/171 |
Reference to the Tribunal by MWC and the Tribunal's subsequent determination |
CTO 7 |
Section 112 as applied by section 176 |
RMO's record of the patient having been taken into custody following failure to attend for medical treatment where this is a compulsory measure in the CO (or a CTO) |
CTO 8 |
Sections 113 and 117 as applied by section 177 |
RMO's record of the patient's non compliance generally with a CO (or a CTO) which authorises compulsory powers in the community |
CO 9 |
Section 114 as applied by section 177(2) |
RMO's certificate authorising continued detention of the patient pending review or application for variation of a CO |
CO 10 |
Sections 141, 142, 144 |
RMO's record of the revocation of a CO; a record of the notifications made with respect to the revocation and record of termination of a CO |
Compulsion Order and Restriction Order (Part 10) |
||
CORO 1 |
Sections 183 & 185 |
RMO's review of a CORO |
CORO 2 |
Sections 191, 193 |
Application by Scottish Ministers to Tribunal under section 191 or 193 |
CORO 3 |
Sections 193, 201 and 204 |
Tribunal's record of an application by the patient or named person against:
|
Hospital direction/Transfer for treatment direction (Part 11) |
||
HD 1 |
Section 206 |
RMO's review of a hospital direction or a transfer for treatment direction |
HD 2 |
Sections 210, 211, 213 to 215 |
The Scottish Ministers' record of their decision whether or not to revoke the direction following a recommendation by the RMO; their reference to the Tribunal where they have not revoked a direction after having received such a recommendation and their record of revoking the direction upon the instructions of the Tribunal. The Tribunal's record of the patient or named person having made an application under section 214 and of its own direction to the Scottish Ministers to revoke the direction |
Suspension of detention (Parts 5, 6, 7, 9 and 13) |
||
SUS 1 |
Sections 127, 128 & 129 |
RMO's certificate granting the suspension of compulsory measures relating to a CTO, or an interim CTO |
SUS 2 |
Sections 41, 42, 53 & 54 |
RMO's certificate granting the suspension of an emergency detention certificate, or a short-term detention certificate and any subsequent revocation or suspension (where appropriate) |
SUS 3 |
Sections 221 to 226 |
RMO's certificate granting the suspension of the measure authorising detention in hospital in accordance with sections 221 or 224 and revocation by the RMO or the Scottish Ministers of such a certificate. |
SUS 4 |
Sections 127, 128, 129, as applied by 179 |
RMO's certificate granting the suspension of compulsory measures relating to a CO and the revocation of such a certificate |
Revocation of certificates (Parts 5, 6 and 7) |
||
REV 1 |
Section 40 |
Revocation of emergency detention, short-term detention certificate and extension certificate |
REV 2 |
Sections 72 & 80 |
RMO's revocation of a CTO or an interim CTO |
REV 3 |
Section 119 |
RMO's revocation of a certificate granted under section 114 or 115 (applies to CTOs and COs) |
REV 4 |
Sections 50, 100 & 120 |
Determination by the Tribunal following application by patient or named person to revoke a short-term detention certificate or an extension certificate; or to revoke a section 114 or 115 certificate (as applicable to CTOs or COs); or to revoke or vary a CTO |
Transfers (Parts 7, 9, 12 and 18) |
||
TX 1 |
Section 290 |
Cross-border transfer of a patient subject to civil or criminal justice proceedings |
TX 2 |
Sections 124, 178 & 218 |
Notification by hospital managers of the transfer within Scotland of a patient subject to a CTO, a compulsion order, a compulsion order and a restriction order, a hospital direction or a transfer for treatment direction |
TX 3 |
Sections 125, 126, 178, 219 & 220 |
Appeal by patient against transfer within Scotland |
TX 4 |
Section 290 |
Tribunal determination following an appeal by the patient or named person against a cross-border transfer under section 290 |
Social Circumstances Report (Part 15) |
||
SCR 1 |
Section 231 |
Social circumstances report |
Medical treatment (Part 16) |
||
T 1 (statutory) |
Sections 235, 236 & 245 |
Safeguards for treatment by: certain surgical operations |
T 2 (statutory) |
Sections 238, 240 & 276 |
Certificate of consent to treatment |
T 3 (statutory) |
Sections 239, 241, 245 & 276 |
Certificate of second opinion for patients refusing consent or incapable of consenting, and record of section 276 requirements |
T 4 |
Section 243 |
Urgent medical treatment |
T 5 |
Section 248 |
Certificate safeguarding treatment to inform patients under 16 |
Excessive security (Part 17) |
||
EXS 1 |
Sections 264 & 265 |
Detention in conditions of excessive security |
EXS 2 |
Sections 265, 266, 269 & 270 |
Order under sections 265, 266, 269 or 270 of the Act |
EXS 3 |
Sections 267 & 271 |
Application to recall under sections 267 (264 - 266) and 271 (268 - 270) of an order made by the Tribunal |
EXS 4 |
Section 291 |
Record of appeal under section 291 of the Act in relation to an unlawful detention |
Nurse's holding power (Part 19) |
||
NUR 1 |
Section 299 |
Nurse's power to detain pending medical examination |
Removal to a place of safety (Part 19) |
||
POS 1 |
Section 298 |
Police constable's report: removal to a place of safety |
Warrants relating to the duty to enquire under section 33 (Part 4) |
||
MHO 1 (statutory) |
Section 35(1) |
Application for warrant to enter premises |
MHO 2 (statutory) |
Section 35(4) |
Application for warrant to enable medical examination |
MHO 3 (statutory) |
Section 35(7) |
Application for warrant for medical practitioner to have access to medical records |
Warrants and Orders relating to entry detention and removal powers (Part 19) |
||
MHO 4 (statutory) |
Section 292 (Civil and Criminal) |
Application by an authorised person to enter premises for the purpose of taking/retaking a patient |
MHO 5 (statutory) |
Section 293 |
Application to the sheriff for a removal order |
MHO 6 (statutory) |
Section 294 |
Application to a justice of the peace for a removal order |
MHO 7 (statutory) |
Section 295 |
Application for a recall or variation of a removal order |
From September 2005, all Non-Statutory forms and Statutory forms may be found on the Scottish Executive's website at www.scotland.gov.uk/health/mentalhealthlaw
There is a problem
Thanks for your feedback