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[^f00001] 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[^f00002] are hereby revoked.

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)[^f00003]

• Section 35 B(6) and (7)[^f00004]

• 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)[^f00005]

• 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).

SCHEDULE 2 — INDEX OF PRESCRIBED FORMS

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)

Signed

James Douglas-Hamilton — Minister of State, Scottish Office — 7th March 1996

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.

Footnotes

[^f00001]: 1984 (c. 36).

[^f00002]: S.I. 1984/1495.

[^f00003]: Section 31B was inserted by the Mental Health (Patients in the Community) Act 1995 (c. 52), “the 1995 Act”, section 5(2).

[^f00004]: Sections 35B, 35C, 35D, 35E, 35G, and 35H were inserted by the 1995 Act, section 4(1).

[^f00005]: Section 74 was substituted by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), section 4(3).