The New Mental Health Act: A guide to the role of the mental health officer - Information for service users and their carers

2 Some terms used in this guide

The Act: The Mental Health (Care and Treatment) (Scotland) Act 2003.

Assessment Order: an order made by the court which authorises hospital detention for up to 28 days so that the person's mental condition may be assessed.

Compulsion Order: an order made by the court which authorises compulsory measures (either hospital or community based) for a period of 6 months, if not otherwise renewed.

Compulsory Treatment Order ( CTO): this is an order which is granted by the Tribunal. It can include a number of different requirements including detention in hospital, compulsory treatment and participating in activities in the community. It will initially be made for 6 months and can then be renewed for a further 6 months, then for periods of 12 months, or revoked at any stage in your recovery.

Emergency Detention Certificate: this type of power authorises detention in hospital for no more than 3 days.

Extension Certificate: under the Act an approved medical practitioner may grant a certificate extending a period of short-term detention by three days to allow for the preparation of an application for a compulsory treatment order.

Hospital Direction: an order made by the court in addition to sentence of imprisonment. It allows the person to be detained in hospital for treatment of their mental disorder and then transferred to prison to complete their sentence once hospital treatment is no longer required.

Independent Advocate: under the Act anyone with a mental disorder has the right to access an independent advocate. An independent advocate is able to give support and help to enable a person to express their own views about their care and treatment.

Interim Compulsion Order: an order made by the court which authorises hospital detention for 12 weeks (but can be renewed regularly for up to one year) so that the court can gather further specific evidence on the person's mental condition.

Interim Compulsory Treatment Order: an order granted by the Tribunal which authorises compulsory measures for a period of up to 28 days. The Tribunal can make more than one interim CTO as long as the total time is not more than 56 days.

Mental Disorder: this is a term used in the Act which covers mental illness (including dementia), a learning disability or a personality disorder.

Mental Health Tribunal: the Mental Health Tribunal for Scotland was set up as part of the measures of the Act to make decisions about the compulsory care and treatment of people with mental disorder.

Mental Welfare Commission: the Mental Welfare Commission is an independent organisation. Its role is to safeguard the welfare of people who are vulnerable through mental disorder.

Named Person: this is someone who will look after the person's interests if he or she has to be treated under the Act.

Place of Safety: this is a place where someone might be taken in certain circumstances if they need to be assessed and arrangements made for their care. It might be a hospital, care home, or other suitable place. As a last resort, if no other places are available, it might be a police station.

Responsible Medical Officer ( RMO): this is the medical practitioner, usually a consultant psychiatrist, who is responsible for the person's care and treatment.

Short-term Detention Certificate: this power authorises detention in hospital and complusory treatment for up to 28 days.

Social Circumstances Report ( SCR): is a report which the MHO must prepare within 21 days of anyone being made subject to a relevant certificate, order or direction under the Act. The SCR contains information gathered by the MHO on your past and present circumstances.

Transfer for Treatment Direction: an order made by the Scottish Ministers to allow transfer of a prisoner to hospital for treatment of a mental disorder.

Treatment Order: an order made by the court which authorises hospital detention for treatment of a person's mental disorder.