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

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SCHEDULE 1ENABLING 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)(1)

  • Section 35 B(6) and (7)(2)

  • 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)(3)

  • 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 2INDEX OF PRESCRIBED FORMS

FormTitle
1Application by nearest relative for admission of patient to hospital.
2Application by mental health officer for admission of patient to hospital.
3Medical recommendation for admission to hospital.
4Renewal of authority for detention in hospital: Report by responsible medical officer.
5Renewal of authority for detention of patient when restriction direction ceases to have effect: Report by responsible medical officer.
6Medical report on condition of patient when restriction direction ceases to have effect.
7Report by responsible medical officer following admission to hospital of a patient removed to Scotland.
8Certificate of consent to treatment and second opinion.
9Certificate of consent to treatment.
10Certificate of second opinion.
11Guardianship application by nearest relative.
12Guardianship application by mental health officer.
13Medical recommendation for reception into guardianship.
14Recommendation by mental health officer for reception into guardianship.
15Renewal of authority for guardianship: Report by responsible medical officer.
16Renewal of authority for guardianship: Report by mental health officer.
17Report by responsible medical officer following reception into guardianship of patient removed to Scotland.
18Application by responsible medical officer for community care order.
19Medical recommendation for community care order.
20After-care report for community care order.
21Renewal of community care order: Report by special medical officer.
22Variation of conditions of community care order.
23Notification of change of special medical officer under community care order.
24Notification of change of after-care officer under community care order.
25Direction for community care order patient to be admitted to hospital for assessment.
26Medical report to accompany direction for admission to hospital for assessment.
27Medical report for community care order patient following admission to hospital for assessment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)

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

(2)

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

(3)

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

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