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Statutory Instruments of the Scottish Parliament
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The Scottish Ministers, in exercise of the powers conferred by section 48(2) and (3) of the Adults with Incapacity (Scotland) Act 2000[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002 and come into force on 1st July 2002. (2) In these Regulations "the Act" means the Adults with Incapacity (Scotland) Act 2000. Specified Medical Treatments 2. - (1) These Regulations apply where the medical practitioner primarily responsible for the medical treatment of an adult has certified, in accordance with section 47(1) (authority of persons responsible for medical treatment) of the Act, that he is of the opinion that the adult is incapable in relation to a decision about a treatment specified in Schedule 1 to these Regulations. (2) The medical treatments set out in Schedule 1 to these Regulations are specified, for the purposes of section 48(2) of the Act, as treatments to which section 47(2) of the Act (authority of persons responsible for medical treatment) shall not apply. (3) The medical treatments so specified may be carried out only in accordance with the following provisions of these Regulations and where they are designed to safeguard or promote the physical or mental health of the adult. Treatments requiring application to the court 3. - (1) Subject to regulations 5 and 6 below, a treatment of a kind set out in Part 1 of Schedule 1 to these Regulations may be carried out in relation to an adult who is incapable in relation to a decision about that treatment if-
(b) the adult does not resist the carrying out of the treatment.
(2) The Court of Session shall, in considering such an application, afford an opportunity to any person having an interest in the personal welfare of the adult to make representations in respect of it.
(b) having regard to the likelihood of its safeguarding or promoting the adult's physical or mental health, the treatment should be carried out.
(2) The medical practitioner referred to in paragraph (1) above shall not be the medical practitioner primarily responsible for any medical treatment of the adult.
(b) the nature of the treatment; (c) the place at which it took place; and (d) the reasons for its having been given.
(3) Nothing in this regulation shall authorise the carrying out of any medical treatment where an interdict has been granted and continues to have effect prohibiting the provision of such medical treatment.
(b) that practitioner has sought and obtained an opinion in writing from a practitioner having such a qualification or special experience that the treatment is reasonably required to safeguard or promote the mental health of the adult.
(2) No treatment for mental disorder set out in Part 2 of Schedule 1 to these Regulations may be carried out in relation to an adult who is 16 or 17 years of age and is incapable in relation to a decision about that treatment unless the medical practitioner appointed by the Mental Welfare Commission who certifies that the treatment should be carried out has a qualification, or special experience, in child and adolescent psychiatry or in another specialism appropriate to the treatment of the adult. 1. Neurosurgery for mental disorder. 2. Sterilisation where there is no serious malfunction or disease of the reproductive organs. 3. Surgical implantation of hormones for the purpose of reducing sex drive. 1. Drug treatment for the purpose of reducing sex drive, other than surgical implantation of hormones. 2. Electro-convulsive therapy (ECT) for mental disorder. 3. Abortion. 4. Any medical treatment which is considered likely by the medical practitioner primarily responsible for that treatment to lead to sterilisation as an unavoidable result. am a medical practitioner appointed by the Mental Welfare Commission for the purposes of the Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002 ("the Regulations") (and, in a case to which regulation 6 of the Regulations (adults aged 16 or 17) applies, have a qualification, or special experience, in child and adolescent psychiatry or in another specialism appropriate to the treatment of the adult) I certify that the adult is incapable in relation to a decision about the treatment proposed which is a treatment to which the Regulations apply namely- and that having regard to the likelihood of that treatment safeguarding or promoting the adult's physical or mental health, the treatment should be carried out. In coming to this decision I have observed the principles set out in section 1 to the Adults with Incapacity (Scotland) Act 2000. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision in relation to the medical treatment of adults with incapacity in accordance with section 48 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) ("the Act"). They specify certain medical treatments to which the authority to treat under section 47(2) of the Act shall not apply (regulation 2(2) and Schedule 1). They authorise the carrying out of such treatments but only in accordance with the provisions of the Regulations (regulation 2(3)). Treatments set out in Part 1 of Schedule 1 may be carried out following a decision of the Court of Session (regulation 3(1)(a)) and where the adult does not resist the carrying out of the treatment (regulation 3(1)(b)). Treatments set out in Part 2 of Schedule 1 may be carried out where a certificate in the form set out in Schedule 2 is given by a practitioner appointed by the Mental Welfare Commission to the effect that the adult is incapable in relation to a decision about the treatment and that it should be carried out (regulation 4). The Regulations are subject to any authority to carry out the treatment conferred by any other enactment or rule of law for the preservation of life of the adult or the prevention of serious deterioration in the adult's medical condition (regulation 5(1)). Notice of such treatment must be given to the Mental Welfare Commission (regulation 5(2)). Such treatment is not authorised, however, where an interdict prohibits it (regulation 5(3)). No treatment for mental disorder set out in Schedule 1 may be carried out in relation to adults with incapacity aged 16 or 17 unless the medical practitioner primarily responsible has a qualification or special experience, in child and adolescent psychiatry (regulation 6(1)(a)) or has obtained a written opinion from a practitioner having such qualification or special experience (regulation 6(1)(b)). No treatment for mental disorder set out in Part 2 of Schedule 1 may be carried out in relation to adults with incapacity aged 16 or 17 unless the medical practitioner appointed by the Mental Welfare Commission has a qualification or special experience in child and adolescent psychiatry or in another specialism appropriate to the treatment of such persons (regulation 6(2)). Certificates or opinions under the Regulations must be sent to the Mental Welfare Commission within 7 days of their date (regulation 7(1)). Certificates and opinions remain valid only for a period not exceeding 1 year from the date of their being given (regulation 7(2)). [1] 2000 asp 4.back [2] "adult" is defined by section 1 of the Adults with Incapacity (Scotland) Act 2000 as meaning a person who has attained the age of 16 years.back
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