SCOTTISH EXECUTIVE HEALTH DEPARTMENT MEMORANDUM OF PROCEDURE ON RESTRICTED PATIENTS

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ANNEX K
LIST OF RELEVANT CIRCULARS AND GUIDANCE RELATING TO THE MENTAL HEALTH (SCOTLAND) ACT 1984

MH(S)A 1984 Information to be given to patients detained in hospital or subject to guardianship, and to their nearest relatives

NHS1984(Gen)23

Sept 84

MH(S)A1984 Mental Health Officers: Appointed Day

SW3/1986

Mar 86

Mental Health (Detention) (Scotland) Act 1991

SOHHDGEN1992/6

Mar 92

Code of practice: MH(S)A 1984

NHSMEL(1992)43

Aug 92

Medical negligence: Financial arrangements for central reimbursement of the cost of large damages awards

NHS 1992(Gen)30

Nov 92

MH(S)A 1984 powers of Health Boards in relation to property of patients

NHSMEL(1993) 13

Feb 93

Amendment to MH(S)A 1984 by the Prisoners and Criminal Proceedings(Scotland) Act 1993

HOS/19/2/35

Sept 93

The Mental Health (Class of Nurse) (Scotland) Order 1994

NHSMEL (1994) 83

Aug 94

NHS Responsibility for Continuing Care

NHSMEL (1996) 22

Mar 96

MH(S)A 1984 (As Amended by the Mental Health (patients in the Community) Act 1995)-Forms

NHSMEL(1996)27

Mar 96

MH(S)A 1984 as amended by the Mental Health (patients in the Community) Act 1995 (superseded)

Mar 96

Criminal Procedure (Scotland) Act 1995 Sections relating to Mental Disorder

HD 6/1996

Mar 96

Amendment to MH(S)A 1984 by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

NHSMEL(1996)38

Apr 96

Telecommunications policy and management and the NHS Net

NHSMEL(1996) 80

Sept 96

Community Care: Care programme approach for people with severe and enduring mental illness including dementia

SWSG16/96: DD38/96

Oct 96

MH(S)A 1984 MHO- New Directions by the SOS

SWSG19/96

Dec 96

Guidance on the use of facsimile transmissions for the transfer of personal health information within the NHS in Scotland

NHSMEL (1997)45

5 Aug 97

Amendment to MH(S)A 1984 by the Crime and Punishment (Scotland) act 1997

NHSMEL (1997)46

Aug 97

Sex Offenders Act 1997: Guidance on Implementation

NHSMEL(1997)48

Aug 97

Advocacy: A Guide to Good Practice

NHSMEL(1997)61

Sept 97

Framework for Mental Health Services in Scotland

NHSMEL(1997)62

Sept 97

Local Government Finance Act 1992 Council Tax Discount for People with Severe Mental Impairment

NHSMEL(1997) 64

Sept 97

Amendments to the MH(S)A 1984 by the Crime (Sentences) Act 1997Transfers of CD patients between jurisdictions

NHSMEL(1997) 67

Oct 1997

Crime & Punishment (Scotland) Act 1997: Section 48 DNA sampling of Sexual Offenders

Police Circular 14/1997

Nov 1997

Criminal Procedure (Scotland) Act 1995:Provisions relating to Mental Disorder

HD 18/1997

Dec 1997

Emergency Detention Procedures under section 24 & 25 of the MH(S)A 1984

NHSMEL(1997) 82

Dec 1997

Amendments to the Mental Health (Scotland) Act 1984 by the Crime and Punishment (Scotland) Act 1997

NHSMEL(1997) 86

Dec 1997

Criminal Justice (Scotland) Act 1995 and Criminal Procedure Act 1995Supervision & Treatment Order Guidance

SWSG 4/98

Mar 1998

Interviewing people who are Mentally Disordered:Appropriate Adult Schemes

NHSMEL (1998)43

June 98

Health, Social Work and Related Services for Mentally Disordered Offenders in Scotland

NHSMEL (1999)5

Jan 99

Caldicott Guardians

NHSMEL(1999)19

March 99

Authority to Incur Capital Expenditure On Behalf of Incapax Patients

NHSMEL(1999)25

March 99

Services for Women with Postnatal Depression

NHSMEL(1999)27

March 99

Invitation to Trial National Standard Definition of Delayed Discharge

NHSMEL(1999)33

March 99

SPS Circular: Crime and Punishment (Scotland) Act 1997Hospital Directions

SPS 55A/99

May 1999

CP(S)A 1995 Probation Orders:With a Requirement for Treatment for a Mental Condition: The Responsibilities of SW and Health Services

SWSG 5/99

July 99

Community Care: The role of social circumstances reports in the planning and care of people detained in hospital.

CC Circ 1/1999

August 1999

The Disability Discrimination Act (1995)Equality for Disabled People in the NHSiS Good Practice

NHSMEL (1999) 67

Sept 99

Mental Health (Public Safety and Appeals) (Scotland) Act 1999

NHSMEL (1999) 73

Sep 99

Protection of the Finances and other Property of People Incapable of Managing their own Affairs

Community Care Circ CCD2/1999

Oct 99

The Mental Health (Scotland) Act 1984 as amended by the Mental Health (Patients In the Community) Act 1995Updated Guidance on the provisions of the 1995 Act

NHSMEL(1999) 81

Dec 99

Roles and Responsibilities of General Practitioners and Police Dealing with Potentially Violent Mentally Disordered Persons in the Community

Community Care Circ 3

Dec 99

Mental Health (Amendment) (Scotland)

NHSMEL (2000) 1

Jan 2000

Act 1999: The "Clarke" Act Data Protection Act

NHSMEL (2000) 17

14 April 00

Community Care (Direct Payments)Act 1996 - Community Care (Direct Payments) (Scotland) Amendment Regulations 2000

Community Care Circ CCD4/2000

30 June 00

Police Circular - Sex Offenders Act 1997:Revised Guidance

Police Circular No 9/2000

Aug 00

Patients Remanded to Hospital from Court

NHSHDL(2000) 7

05 Sep 00

NHS Circular: Mental Health and Wellbeing Support Group Risk Management Report

NHSHDL (2000) 16

Oct 00

The use of personal health information,submission of records to information statistics division, disease registers and the confidentiality (and security advisory group for Scotland CSAGS)

NHSHDL(2001)1

Jan 01

Services, Care, Support and Accommodation for Mentally Disordered Offenders in Scotland: Care pathway Document

NHSHDL (2001)9

Feb 01

Police Circular- Criminal Justice and Court Services Act 2000:Amendments to the Sex offenders Act 1997

Police Circular No: 6/2001

June 01

Framework for Mental Health Services in Scotland:Psychological Interventions and Eating Disorders

NHSHDL (2001)75

Oct 01

HD Circular: Managing incidental drug misuse and Alcohol problems in mental health care settings

NHSHDL (2002) 41

May 02

AWI(S)A 2000 - Part 4 Management of Resident's Financial Affairs - Codes of Practice

NHSHDL (2003) 34

July 03

Mental Health (Scotland) Act 1984Appeals against detention

NHSHDL (2003) 57

Nov 03

Framework for Mental Health Services in Scotland:Perinatal Mental Illness/ Postnatal Depression Hospital Admission and Support Services

NHSHDL (2004) 6

Mar 04

NHSSCOTLAND Guidance on Establishing the Responsible Commissioner

NHSHDL (2004) 15

Mar 04

Electronic Monitoring as a Condition of Release:Parole and Non-Parole Licences

SPS (2004) 44A/04

Dec 04

Amendments to the Mental Health(Scotland) Act 1984 By the Crime and Punishment (Scotland) Act 1997The Use of Hospital Directions

NHSHDL (2005) 4

Feb 05

Many NHS Circulars can be viewed in the publications section of the Scottish Health on the Web Web-site:www.show.scot.nhs.uk

LIST OF RELEVANT CIRCULARS AND GUIDANCE RELATING TO THE MENTAL HEALTH (CARE & TREATMENT) (SCOTLAND) ACT 2003

(TO BE UPDATED AT A LATER DATE)

The Mental Health (Care and Treatment) (Scotland)
Act 2003 ((Transitional and Savings Provisions)
Order SSI 2005/452

NHSHDL (2005) 42

Sept 05

Many NHS Circulars can be viewed in the publications section of the Scottish Health on the Web Web-site:www.show.scot.nhs.uk

Page updated: Wednesday, October 05, 2005