Advanced Statement (AS): Section 275 MH(C&T) (S) Act 2003 A written, witnessed document made when the patient is well, setting out how he or she would prefer to be treated (or not treated) if they were to become ill in the future. The Tribunal and any doctor treating the patient must have regard to the advance statement, they must send the Commission a written record of the ways they have worked out with these instructions, and the reasons why, if the advance statement is not followed.

Advanced Nurse Practitioner (ANP): A Registered Nurse who has completed a programme of study, equipping them with an advanced skill set in their area of practice.

Approved Medical Practitioner (AMP): Section 22 MH(C&T) (S) Act 2003 A medical practitioner who has been approved by a NHS Board or by the State Hospitals Board for Scotland as having special experience in the diagnosis and treatment of mental disorder. An approved medical practitioner will often be a consultant psychiatrist. Only an Approved Medical Practitioner can grant a Short Term Detention Certificate and at least one of the two mental health reports forming part of a Compulsory Treatment Order application must be provided by an Approved Medical Practitioner.

Authorised person’s warrant: Section 292 MH(C&T) (S) Act 2003 Authorises a person to enter the premises of another person where the person entering the premises has already been given the authority under another provision of this Act to take the person to another place or into custody. This could happen, for example, in a situation where a patient has absconded and a person who has been authorised under Section 303 MH(C&T) (S) Act 2003 to take that patient into custody or to return them to hospital requires entry to the premises where the patient has been found.

Care plan: Section 76 MH(C&T) (S) Act 2003 A document prepared by the patient’s responsible medical officer after a Compulsory Treatment Order has been made. It lays out the forms of medical treatment and the other services the patient will be receiving while subject to the Compulsory Treatment Order. This document should not be confused with the ‘proposed care plan’, which is prepared under Section62 MH(C&T) (S) Act 2003 as part of the application for a Compulsory Treatment Order.

Community Mental Health Team (CMHT): A multi-disciplinary team providing care, treatment and support to the patient while they are in receipt of mental health services. It would be expected that the team would be made up of, where appropriate and relevant, medical practitioner(s), a mental health officer and other social workers, community psychiatric nurses, psychologists, occupational therapists etc.

Community Psychiatric Nurse (CPN): A qualified nurse who delivers the majority of their care to a patient within a community setting.

Compulsion Order (CO): Section 57A of the Criminal Procedure (Scotland) Act 1995 A mental health disposal made by the court under authorising compulsory measures (either hospital or community based) for a period of six months, if not otherwise renewed.

Carer: Those caring for an individual on an informal basis – including family and friends.

Compulsory Treatment Order (CTO): Section 64(4) MH(C&T) (S) Act 2003 An order granted by the Tribunal. It authorises any of the compulsory measures listed at Section 66(1) MH(C&T) (S) Act 2003 for a period of six months, if not otherwise renewed. The Compulsory Treatment Order can be renewed for six months, then for twelve months thereafter.

Designated Medical Practitioner (DMP): Section 233 (MH(C&T) (S) Act 2003 An appropriately qualified and experienced medical practitioner appointed by the Mental Welfare Commission to provide a second medical opinion with respect to certain medical treatments being given under Part 16 of the Act.

Emergency Detention Certificate (EDC): Section 36(1) MH(C&T) (S) Act 2003 A certificate issued subject to strict criteria, it authorises the removal of a person to hospital within 72 hours and the detention of that person in hospital for up to a further 72 hours.

Extension certificate: Section 47(1) MH(C&T) (S) Act 2003 A certificate issued that extends a period of Short Term Detention by three days to allow for the preparation of an application for a Compulsory Treatment Order.

General Practitioner (GP): A fully registered medical practitioner providing primary care services within a community based practice.

Independent advocate: Section 259 MH(C&T) (S) Act 2003 Person who enables the patient to express their views about the decisions being made about their care and treatment by being a voice for the patient and encouraging them to speak out for themselves. An independent advocate is employed by an advocacy organisation which is not directly funded or run by the NHS Board or local authority. All people with mental disorder have a right to independent advocacy, not only those subject to compulsory measures.

Interim compulsion order: Section 53 of the Criminal Procedure (Scotland) Act 1995 A pre-disposal order made by the Court under authorising hospital detention for 12 weeks (but can be renewed regularly for up to one year) so that the court can gather further evidence on whether the forensic criteria apply.

Mental Health Officer (MHO): Section 32 MH(C&T) (S) Act 2003 Officers of the local authority (Social Workers) who meet certain requirements on qualifications, training, experience and competence with respect to persons with mental disorder.

Named person: Section 250 MH(C&T) (S) Act 2003 A ‘named person’ is someone nominated by a person in accordance with the provisions of the Act to support them and protect their interests. The named person is entitled to receive certain information about the person and to act on behalf of the person in certain circumstances and at certain times set out in the Act.

Nearest relative: There are occasions in the Act where the nearest relative is given information about a person coming under the provisions of the Act such as when a person is removed to a place of safety. Section 254 MH(C&T) (S) Act 2003 sets out a list of people who will be considered in identifying a person’s nearest relative.

Nurse’s holding power: Section 299 MH(C&T) (S) Act 2003 A power that can be exercised by nurses ‘of a prescribed class’ to detain a patient for up to two hours, while awaiting a medical examination. Where necessary the detention may be extended by up to one hour while the examination is carried out.

Place of safety: Section 300 MH(C&T) (S) Act 2003 defines a place of safety as a hospital, premises which are used to provide a care home service or any other suitable place (other than a police station) where the occupier is willing to temporarily receive a person with mental disorder. If no place of safety is available, and only as a last resort a police officer may remove a person to a police station which should then be treated as a place of safety for the purposes of the person’s detention (please refer to Police Scotland – Mental Health and Place of Safety Standard Operating Procedures).

Proposed care plan: Section 62(MH(C&T) (S) Act 2003 A document drawn up by the mental health officer who is making the application for a Compulsory Treatment Order. It contains details of the medical treatment for mental disorder, the community care services, and any other forms of care and treatment which it is proposed to provide to the patient if the Compulsory Treatment Order is made. The ‘proposed care plan’ should not be confused with the ‘care plan’ which is prepared under Section 76 MH(C&T) (S) Act 2003 by the patient’s responsible medical officer subsequent to the making of a Compulsory Treatment Order.

Registered Nurse Mental Health (RNMH): A qualified nurse under parts RN3 or RNMH of the register by the Nursing and Midwifery Council who specialises in the provision of care for people with mental health problems.

Removal order: Section 230 (MH(C&T) (S) Act 2003 A fully registered medical practitioner who must be an Approved Medical Practitioner who is appointed by hospital managers.

Short Term Detention Certificate (STDC): Section 44(1) MH(C&T) (S) Act 2003 This is a certificate subject to strict criteria, it authorises the detention of a person in hospital for a period of up to 28 days.

Social Worker (SW): An officer of the local authority who has achieved appropriate qualifications and experience in the assessment and delivery of social care needs.

Speciality registrar: A fully registered medical practitioner who has achieved further qualifications within their chosen field of medical practice.

Editorial Information

Last reviewed: 28/05/2021

Author(s): Julia Ferrari, Joe McGhee, Duncan Westall, William McFadden, Heather Tainsh , Susan Sutherland, Marie White , Anne Cook, Justin McNicholl, Douglas Armstrong, Dr Nabila Muzaffar, Dr Stuart Affleck, Dr David Cumming, Andrew Angus, Jackie Maher, Rose Mills, Vincent Hughes..