Mental Health (Scotland) Act 1984

[F1 F2 35E Change of special medical officer or after-care officer. S

(1) This subsection applies where a patient’s special medical officer, after consulting the persons mentioned in subsection (3) below, agrees with another medical practitioner (“the new special medical officer”), who shall be a practitioner approved for the purposes of section 20 of this Act by a Health Board as having special experience in the diagnosis or treatment of mental disorder, that the new special medical officer should, from a date so agreed, assume principal responsibility for the patient’s medical treatment while the community care order is in force.

(2) This subsection applies where a patient’s after-care officer, after consulting the persons mentioned in subsection (4) below, agrees with another person (“the new after-care officer”), who shall be a mental health officer of the local authority which is providing (or, if different, the local authority which is to provide) the after-care services to be provided for the patient under section 8 of this Act while the community care order is in force, that the new after-care officer should, from a date so agreed, assume responsibility for co-ordinating the provision of the after-care services to be so provided.

(3) The persons referred to in subsection (1) above are—

(a) the patient [F3 or any guardian of the patient] and, if practicable and the patient does not object, his nearest relative [F3 and any welfare attorney of the patient];

(b) the other persons concerned or to be concerned with the patient’s medical treatment (including the new special medical officer);

(c) the patient’s after-care officer;

(d) the other persons professionally concerned or to be so concerned with any aspect of the after-care services provided or to be provided for the patient under section 8 of this Act; and

(e) any person who the special medical officer believes plays or is to play a substantial part in the care of the patient but is not, and will not be, professionally concerned with the after-care services so provided or to be so provided.

(4) The persons referred to in subsection (2) above are—

(a) the patient [F4 or any guardian of the patient] and, if practicable and the patient does not object, his nearest relative [F4 and any welfare attorney of the patient];

(b) the patient’s special medical officer;

(c) the other persons concerned or to be concerned with the patient’s medical treatment;

(d) the other persons professionally concerned or to be so concerned with any aspect of the after-care services provided or to be provided for the patient under section 8 of this Act (including the new after-care officer); and

(e) any person who the after-care officer believes plays or is to play a substantial part in the care of the patient but is not, and will not be, professionally concerned with the after-care services so provided or to be so provided.

(5) If the patient has a propensity to violent or dangerous behaviour the special medical officer or, as the case may be, the after-care officer may consult the patient’s nearest relative [F5 and any welfare attorney of the patient,] notwithstanding any objection by the patient to such consultation under subsection (3)(a) or, as the case may be, (4)(a) above.

(6) Where subsection (1) or (2) above applies the new special medical officer or, as the case may be, the new after-care officer shall, from the agreed date, assume responsibility as mentioned in that subsection and shall within seven days of that date intimate the change, in the prescribed form, to—

(a) the patient and any other person who has been consulted under paragraph (a) or (e) of subsection (3) or, as the case may be, (4) above or subsection (5) above;

(b) the Mental Welfare Commission; and

(c) the patient’s after-care officer or, as the case may be, special medical officer.

(7) On a change of special medical officer or after-care officer by virtue of this section, the community care order shall have effect in respect of the patient as if the new special medical officer or, as the case may be, the new after-care officer had been the special medical officer or after-care officer specified in the community care order by virtue of section 35A(4) of this Act.]

Textual Amendments

F1 Ss. 35A-35K inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F2 S. 35E inserted (1.4.1996) by 1995 c. 52, ss. 4(1), 7(2)

F3 Words in s. 35E(3)(a) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(19)(a); S.S.I. 2001/81, art. 3, Sch. 2

F4 Words in s. 35E(4)(a) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(19)(b); S.S.I. 2001/81, art. 3, Sch. 2

F5 Words in s. 35E(5) inserted (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 17(19)(c); S.S.I. 2001/81, art. 3, Sch. 2