Health Committee, 07 Jun 2005

Meeting date: Tuesday, June 7, 2005

Official Report 154KB pdf

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Subordinate Legislation

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Mental Welfare Commission for Scotland (Appointment of Medical Commissioners) Regulations 2005 (SSI 2005/261)<br />Mental Health (Conflict of Interest) (Scotland) Regulations 2005 (SSI/2005/262)

Item 2 on the agenda is consideration of subordinate legislation. Two Scottish statutory instruments are listed for consideration under the negative procedure at today's meeting: SSI 2005/261 and SSI/2005/262. This morning we received notification of the Executive's intention to withdraw SSI/2005/262 and to relay it in the near future in amended form. I ask the minister to confirm that that is the case.

It is.

Therefore, we will consider only SSI 2005/261. The Subordinate Legislation Committee had no comment to make on the instrument, and I have received no comments from any member of the committee. No motion to annul the instrument has been lodged. Do we agree that the committee does not wish to make any recommendation in relation to SSI 2005/261?

Members indicated agreement.

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Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005 (draft)

Item 3 is also subordinate legislation, but in this case the instrument is subject to the affirmative procedure. The draft regulations are made under section 244 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and relate to specific types of treatment that can be given and related safeguards. The Deputy Minister for Health and Community Care is accompanied by Fiona Tyrrell and Shirley Ferguson from the Scottish Executive Health Department's mental health division. The Subordinate Legislation Committee had no comments to make on the draft regulations. I ask the minister to make an opening statement.

The draft regulations will introduce safeguards for certain medical treatments for mental disorder that are given to informal child patients. The regulations under section 244 of the 2003 act specify the conditions that must be satisfied before certain types of medical treatment may be given to informal child patients who are under the age of 16. Informal child patients are children who are not subject to the compulsory provisions of the 2003 act. The treatments to which the safeguards will apply are electroconvulsive therapy, trans-cranial magnetic stimulation and vagus nerve stimulation. The safeguards that are to be introduced are similar to those that apply to children who are subject to the provisions of the 2003 act.

At present, an informal child patient who does not have sufficient capacity to consent to the treatments on their own behalf can be treated with the consent of a person who has parental responsibilities and rights. Under the draft regulations, when an informal child patient cannot consent on their own behalf, in addition to parental consent, a second opinion will have to be obtained from a designated medical practitioner who has been appointed by the Mental Welfare Commission for Scotland. In addition, either the medical practitioner who is primarily responsible for treating the patient or the designated medical practitioner must be a child specialist. If a child has the capacity to consent to treatment, they may consent on their own behalf, but certification by a child specialist—either the child's doctor or a DMP—will also be required. It will not be possible to give the treatments if a child has the capacity to consent but refuses treatment.

The draft regulations will ensure that informal child patients are fully safeguarded in respect of the treatments. I hope that my short explanation has been helpful for the committee. I am accompanied today by officials, and we will be happy to answer any questions.

As members have no questions on the draft regulations and do not wish to debate them, I invite the minister to move motion S2M-2874.

Motion moved,

That the Health Committee recommends that the draft Mental Health (Safeguards for Certain Informal Patients) (Scotland) Regulations 2005 be approved.—[Rhona Brankin.]

Motion agreed to.