Search Legislation

The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2005 No. 309

MENTAL HEALTH

The Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005

Made

6th June 2005

Laid before the Scottish Parliament

8th June 2005

Coming into force

5th October 2005

The Scottish Ministers, in exercise of the powers conferred by sections 76(2)(b) and 76(4)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003(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 Mental Health (Content and amendment of care plans) (Scotland) Regulations 2005 and shall come into force on 5th October 2005.

(2) In these Regulations, any reference to a numbered section is a reference to the section bearing that number in the Mental Health (Care and Treatment) (Scotland) Act 2003.

Content of care plan

2.—(1) The information relating to the care of a patient, which is prescribed for the purpose of section 76(2)(b) (information to be included in care plan in addition to the medical treatment), is–

(a)full details of the compulsory treatment order and the day on which the order was made;

(b)the objectives of the medical treatment referred to in section 76(2)(a) (medical treatment to be set out in care plan);

(c)details of any community care services or other relevant services and the objectives of those services–

(i)which it is proposed to give; and

(ii)which are being given,

to the patient;

(d)details of any other treatment, care or service (other than that described in section 76(2)(a) or in paragraph (c) of this regulation) and the objectives of that treatment, care or service–

(i)which it is proposed to give; and

(ii)which is being given,

to the patient;

(e)the name and other appropriate contact details of the patient’s responsible medical officer;

(f)the name and other appropriate contact details of the patient’s mental health officer;

(g)the period of 2 months ending with the date by which–

(i)the first mandatory review under section 77(2) (carrying out of first review of compulsory treatment order by responsible medical officer); or

(ii)any further mandatory review under section 78(2) (carrying out of further review of compulsory treatment order by responsible medical officer),

of the patient’s compulsory treatment order must take place; and

(iii)the dates on which any such reviews have taken place.

(2) Where the care plan is required to be amended in any of the circumstances prescribed in regulation 3, the information in the care plan shall be amended to take account of those circumstances.

Amendment of care plan

3.—(1) The circumstances prescribed for the purpose of section 76(4)(a) (circumstances in which care plan must be amended) are–

(a)where the Tribunal has made an order under–

(i)section 102(1)(d) (confirmation of determination and variation of compulsory treatment order);

(ii)section 103(1)(a) (extension and variation of compulsory treatment order);

(iii)section 103(1)(b) (extension of compulsory treatment order);

(iv)section 103(2)(d) (confirmation of determination and variation of compulsory treatment order);

(v)section 103(3)(b) (variation of compulsory treatment order);

(vi)section 103(4)(a) (variation of compulsory treatment order); or

(vii)section 104(1)(a) (variation of compulsory treatment order);

(b)where the Tribunal has made an interim order under–

(i)section 105(2)(b)(i) (extension of compulsory treatment order);

(ii)section 105 (2)(b)(ii) (extension and variation of compulsory treatment order);or

(iii)section 106(2) (variation of compulsory treatment order, following an application under section 92 or 95);

(c)where the patient’s responsible medical officer has–

(i)made a determination extending a compulsory treatment order under section 86(1);

(ii)granted a certificate under–

(aa)section 127(1)(b) (period during which detention in hospital under a compulsory treatment order is not authorised); or

(bb)section 128(1)(b) (period during which certain measures in a compulsory treatment order are not authorised),

specifying a period exceeding 28 days during which the patient’s compulsory treatment order shall not authorise the measure or measures specified in the certificate;

(iii)revoked, under section 129(2), a certificate granted under any of the powers referred to in paragraph (c)(ii) of this regulation; or

(iv)carried out any further mandatory review under section 78(2) (carrying out of further review of compulsory treatment order by responsible medical officer).

RHONA BRANKIIN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

6th June 2005

Explanatory Note

(This note is not part of the Regulations)

Section 76(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) provides that where a compulsory treatment order has been made in respect of a patient, the patient’s responsible medical officer shall, as soon as possible after appointment, prepare a care plan relating to the patient and include it in the patient’s medical records.

Section 76(2) of the Act requires the care plan to set out (a) the medical treatment which it is proposed to give and which is being given to the patient while the patient is subject to the compulsory treatment order; and (b) such other information relating to the care of the patient as may be prescribed. Regulation 2 prescribes this other information.

Regulation 3 prescribes the circumstances in which the plan must be amended.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources