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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-
(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-
(ii) which are being given,
to the patient;
(ii) which is being given,
to the patient;
(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
(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.
(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-
(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-
(ii) granted a certificate under-
(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;
(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. Notes: [1] 2003 asp 13.back
ISBN 0 11 069604 2
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