MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 TRANSITIONAL TRAINING GUIDE INTRODUCTORY TRAINING FOR MENTAL HEALTH OFFICERS AND OTHER PRACTITIONERS
Footnotes
1. New Directions. Report on the Review of the Mental Health (Scotland) Act 1984, Scottish Executive, January 2001.
2. It should be noted that, while care has been taken to work to the most recently available draft code of practice throughout the preparation of this material, we have been unable to work to the final documents. Therefore, some of the precise wording in reference to the codes may be different from that alluded to in the transitional material.
3. Curator ad litem is a person appointed by the court or, in this case, the Tribunal, to represent a person's interests when that person lacks capacity.
4. In this regard it is worth being reminded that proxies such as guardians and attorneys are bound to operate in accordance with the principles of the 2000 Act.
5. The named person is a function that replaces the nearest relative (sections 250 to 254). This will be discussed later in this Reader.
6. The interpretation of the term 'carer' given in section 329 of the 2003 Act excludes anyone who is a carer in a paid or voluntary capacity.
7. Short-term Detention can be loosely considered to equate with the old section 26 of the 1984 Act. It differs in the criteria slightly and in its specific purpose of detaining the patient for assessment and/or treatment, and in that its 28 day duration can be instigated without the preceding 72 hour Emergency Detention.
8. While it is a huge oversimplification to consider them as such, we recommend that, until we address them in detail, you think of these orders respectively as equivalent to Section 24, 26 and 18 and Section 18 granted through Criminal Procedures in the 1984 Act.
9. The Sheriff Principal will remit difficult or complicated legal decisions to the Court of Session.
10. This list of people includes the RMO, any relative and, the catch-all of 'any other person having an interest in the welfare of the patient.
11. 'Mental Health Report' is the term used in the 2003 Act for the equivalent of a medical recommendation for section 18 under the 1984 Act.
12. While section 252 states that the named person of a child under 16 years old will be a person with parental rights and parental responsibilities, Michael is now over 17 years of age. Therefore, assuming he has never identified a named person, section 251 states that where the patient has not nominated a named person, the primary carer shall become that person, unless the MHO has requested the Tribunal to appoint a named person under section 257. For the purposes of this case, assume that the primary carer is Michael's mother, the MHO not having had time to apply to the Tribunal under section 257. In other words, for the purposes of having regard for the views of the named person and carer, they are one and the same.