The Mental Health (Prescribed Forms) (Scotland) Regulations 1996

Statutory Instruments

1996 No. 743 (S.76)

MENTAL HEALTH

The Mental Health (Prescribed Forms) (Scotland) Regulations 1996

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:

Citation and commencement

1.  These Regulations may be cited as the Mental Health (Prescribed Forms) (Scotland) Regulations 1996 and shall come into force on 1st April 1996.

Interpretation

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.

Prescribed forms

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.

Revocation

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

SCHEDULE 1 ENABLING POWERS

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

SCHEDULE 2 INDEX OF PRESCRIBED FORMS

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.

FORM 1 APPLICATION BY NEAREST RELATIVE FOR ADMISSION OF PATIENT TO HOSPITAL(SECTION 18)

FORM 2 APPLICATION BY MENTAL HEALTH OFFICER FOR ADMISSION OF PATIENT TO HOSPITAL(SECTION 18)

FORM 3 MEDICAL RECOMMENDATION FOR ADMISSION TO HOSPITAL(SECTION 18)

FORM 4 RENEWAL OF AUTHORITY FOR DETENTION OF PATIENT IN HOSPITAL: REPORT BY RESPONSIBLE MEDICAL OFFICER(SECTION 30)(SECTION 31B)

FORM 5 RENEWAL OF AUTHORITY FOR DETENTION OF PATIENT WHEN RESTRICTION DIRECTION CEASES TO HAVE EFFECT: REPORT BY THE RESPONSIBLE MEDICAL OFFICER(SECTION 74)

FORM 6 MEDICAL REPORT ON CONDITION OF PATIENT WHEN RESTRICTION DIRECTION CEASES TO HAVE EFFECT(SECTION 74)

FORM 7 REPORT BY RESPONSIBLE MEDICAL OFFICER FOLLOWING ADMISSION TO HOSPITAL OF PATIENT REMOVED TO SCOTLAND(SECTION 88)

FORM 8 CERTIFICATE OF CONSENT TO TREATMENT AND SECOND OPINION(SECTION 97)(Both Parts I and II of this certificate must be completed)

FORM 9 CERTIFICATE OF CONSENT TO TREATMENT(SECTION 98(3)(a))

FORM 10 CERTIFICATE OF SECOND OPINION(SECTION 98(3)(b))

FORM 11 GUARDIANSHIP APPLICATION BY NEAREST RELATIVE(SECTION 37)(To be completed by nearest relative)

FORM 12 GUARDIANSHIP APPLICATION BY MENTAL HEALTH OFFICER(SECTION 37)(To be completed by mental health officer)

FORM 13 MEDICAL RECOMMENDATION FOR RECEPTION INTO GUARDIANSHIP(SECTION 37)

FORM 14 RECOMMENDATION BY MENTAL HEALTH OFFICER FOR RECEPTION INTO GUARDIANSHIP(SECTION 37)

FORM 15 RENEWAL OF AUTHORITY FOR GUARDIANSHIP: REPORT BY RESPONSIBLE MEDICAL OFFICER(SECTION 47)(SECTION 48B)

FORM 16 RENEWAL OF AUTHORITY FOR GUARDIANSHIP: REPORT BY MENTAL HEALTH OFFICER(SECTION 47)

FORM 17 REPORT BY RESPONSIBLE MEDICAL OFFICER FOLLOWING RECEPTION INTO GUARDIANSHIP OF PATIENT REMOVED TO SCOTLAND(SECTION 88)

FORM 18 APPLICATION BY RESPONSIBLE MEDICAL OFFICER FOR COMMUNITY CARE ORDER(SECTION 35B)

FORM 19 MEDICAL RECOMMENDATION FOR COMMUNITY CARE ORDER(SECTION 35B)

FORM 20 AFTER-CARE REPORT FOR COMMUNITY CARE ORDER(SECTION 35B)

FORM 21 AFTER-CARE REPORT FOR COMMUNITY CARE ORDER(SECTION 35B)

FORM 22 VARIATION OF CONDITIONS OF COMMUNITY CARE ORDER(SECTION 35D)NOTE OF PROPOSED VARIATION

FORM 23 NOTIFICATION OF CHANGE OF SPECIAL MEDICAL OFFICER UNDER COMMUNITY CARE ORDER(SECTION 35E)

FORM 24 NOTIFICATION OF CHANGE OF AFTER-CARE OFFICER UNDER COMMUNITY CARE ORDER(SECTION 35E)

FORM 25 DIRECTION FOR COMMUNITY CARE ORDER PATIENT TO BE ADMITTED TO HOSPITAL FOR ASSESSMENT(SECTION 35G)

FORM 26 MEDICAL REPORT TO ACCOMPANY DIRECTION FOR ADMISSION TO HOSPITAL FOR ASSESSMENT(SECTION 35G)

FORM 27 MEDICAL REPORT FOR COMMUNITY CARE ORDER PATIENT FOLLOWING ADMISSION TO HOSPITAL FOR ASSESSMENT(SECTION 35H)

Explanatory Note

(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.

(1)

1984 (c. 36).

(2)

S.I. 1984/1495.

(3)

Section 31B was inserted by the Mental Health (Patients in the Community) Act 1995 (c. 52), “the 1995 Act”, section 5(2).

(4)

Sections 35B, 35C, 35D, 35E, 35G, and 35H were inserted by the 1995 Act, section 4(1).

(5)

Section 74 was substituted by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), section 4(3).