Statutory Instruments
MENTAL HEALTH
Made
7th March 1996
Laid before Parliament
11th March 1996
Coming into force
1st April 1996
The Secretary of State, in exercise of those powers conferred on him by those sections of the Mental Health (Scotland) Act 1984(1) which are specified in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, and after consultation in accordance with section 98(6) with such bodies as appear to him to be concerned, hereby makes the following Regulations:
1. These Regulations may be cited as the Mental Health (Prescribed Forms) (Scotland) Regulations 1996 and shall come into force on 1st April 1996.
2. Unless the context otherwise requires, any reference in these Regulations to "the Act" is a reference to the Mental Health (Scotland) Act 1984, and any reference to a numbered section is a reference to the section bearing that number in that Act.
3. Any application, recommendation, report or certificate, the form of which is required or authorised to be prescribed under the Act shall be in accordance with whichever one of the forms in Schedule 2 to these Regulations is appropriate or in a form to the like effect.
4. The Mental Health (Prescribed Forms) (Scotland) Regulations 1984(2) are hereby revoked.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew's House,
Edinburgh
7th March 1996
These Regulations are made under the following provisions of the Mental Health (Scotland) Act 1984:-
(i) (a) Section 58 as read with section 86, and
(b)the following provisions of the Act which require forms to be prescribed:-
Section 18(1) and (2)
Section 30(3)
Section 31B(2)(3)
Section 35 B(6) and (7)(4)
Section 35C(5)
Section 35D(3)
Section 35E(6)
Section 35G(6)
Section 35H(1)
Section 37(1) and (3)
Section 47(3)
Section 48B(2)
Section 74(9) and (12)(5)
Section 88(1), and
(ii) (a) Section 96(2), and
(b)the following provisions referring to certificates in such form as may be prescribed:-
Section 97
Section 98(3)(a)
Section 98(3)(b).
Regulation 3
Form | Title |
---|---|
1 | Application by nearest relative for admission of patient to hospital. |
2 | Application by mental health officer for admission of patient to hospital. |
3 | Medical recommendation for admission to hospital. |
4 | Renewal of authority for detention in hospital: Report by responsible medical officer. |
5 | Renewal of authority for detention of patient when restriction direction ceases to have effect: Report by responsible medical officer. |
6 | Medical report on condition of patient when restriction direction ceases to have effect. |
7 | Report by responsible medical officer following admission to hospital of a patient removed to Scotland. |
8 | Certificate of consent to treatment and second opinion. |
9 | Certificate of consent to treatment. |
10 | Certificate of second opinion. |
11 | Guardianship application by nearest relative. |
12 | Guardianship application by mental health officer. |
13 | Medical recommendation for reception into guardianship. |
14 | Recommendation by mental health officer for reception into guardianship. |
15 | Renewal of authority for guardianship: Report by responsible medical officer. |
16 | Renewal of authority for guardianship: Report by mental health officer. |
17 | Report by responsible medical officer following reception into guardianship of patient removed to Scotland. |
18 | Application by responsible medical officer for community care order. |
19 | Medical recommendation for community care order. |
20 | After-care report for community care order. |
21 | Renewal of community care order: Report by special medical officer. |
22 | Variation of conditions of community care order. |
23 | Notification of change of special medical officer under community care order. |
24 | Notification of change of after-care officer under community care order. |
25 | Direction for community care order patient to be admitted to hospital for assessment. |
26 | Medical report to accompany direction for admission to hospital for assessment. |
27 | Medical report for community care order patient following admission to hospital for assessment. |
(This note is not part of the Regulations)
These Regulations make minor amendments to existing forms and provide new forms to be used under Part V of the Mental Health (Scotland) Act 1984.
Existing forms to be used in connection with procedures for the compulsory admission to and the detention in hospital of patients, or their reception into guardianship, are amended so that all include the date of birth of the patient. Some modification is made to certificates of consent or second opinion under section 98 of the 1984 Act.
New forms are prescribed to be used in connection with procedures for the making of community care orders and for subsequent procedures relating to patients subject to such orders in accordance with sections 35A to 35J inserted into Part V of the 1984 Act by the Mental Health (Patients in the Community Act) Act 1995.
Each form in the Schedule shows the reference to the provision of the 1984 Act which requires the form to be prescribed.
The Mental Health (Prescribed Forms) (Scotland) Regulations 1984 (S.I. 1984/1495) are revoked.
S.I. 1984/1495.
Section 31B was inserted by the Mental Health (Patients in the Community) Act 1995 (c. 52), "the 1995 Act", section 5(2).
Sections 35B, 35C, 35D, 35E, 35G, and 35H were inserted by the 1995 Act, section 4(1).
Section 74 was substituted by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), section 4(3).