Academic literature on the topic 'Adults with Incapacity (Scotland) Act 2000'

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Journal articles on the topic "Adults with Incapacity (Scotland) Act 2000"

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Winskill, D. "‘Capacity’ and the Adults with Incapacity (Scotland) Act 2000." Journal of the Royal College of Physicians of Edinburgh 44, no. 4 (2014): 303–7. http://dx.doi.org/10.4997/jrcpe.2014.412.

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Ramsey, S. "The Adults with Incapacity (Scotland) Act Who Knows? Who Cares?" Scottish Medical Journal 50, no. 1 (2005): 20–22. http://dx.doi.org/10.1177/003693300505000108.

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The Adults with Incapacity (Scotland) Act 2000 provides new guidelines on obtaining consent for adults who are incapable of providing informed consent. This article surveys current practice of health workers when obtaining consent from such individuals, and theresults arecompared to the Incapacity Act and local guidelines. The survey results suggest that practice of the guidelines is variable and often legally inadequate Aims: To quantify awareness andpractical application of the Adults with Incapacity (Scotland) Act in surgical wardsin a central Glasgow teaching hospital, 2 years after the Act's introduction. Methods: An interviewer ledanonymous questionnaire was presented to all degree educated staff encountered on random visits to acute and elective surgical and orthopaedic wardsin a split siteteaching hospital. Results: 17 out of 50 staff approached (34%) had not heard of the Adults with Incapacity Act. There was a Significantly higher level of awareness amongst staff based on acute wards (85%) when compared with those from elective wards (54%) (p <0.05, chi-square) There wasa complete absence of formal training in using the Act and knowledge was sometimes in accurate or incorrect. Most staff that had heard of the Act could suggest causes of incapacity, but some included physical disability. There was a persistence of the belief that a relative canconsent for an incapable adult patient, and this was expressed by some of the staff despite knowledge of the Act. Conclusions: This study shows that a significant number of ward staff have no knowledge of the Act; and understanding is variable amongst staff who have heard of it. The Adults with Incapacity (Scotland) Act 2000 is a unique piece of legislation toprotect the interests of incapable patients, and doctors treating them; but is of no use if medical and nursing staff are un aware of its existence.
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Patrick, Hilary. "Reflections from Scotland: Difficult Decisions Ahead." International Journal of Mental Health and Capacity Law 1, no. 13 (2014): 169. http://dx.doi.org/10.19164/ijmhcl.v1i13.179.

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<p align="LEFT">This article looks at recent developments in Scottish mental health and incapacity law. Whilst Scotland clearly leads the way in mental health and social care law reform in the UK, its incapacity legislation is under strain. Scotland is struggling with the implications of <em>HL v UK</em> which, because of problems with the Adults with Incapacity (Scotland) Act 2000, appear even more complex than in England and Wales. Scotland is consulting on new laws to protect vulnerable adults, but lags behind England and Wales in its use of appropriate adults when people with mental disorders are interviewed by the police.</p>
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Stevenson, Gary Scot, Tracy Ryan, and Susan Anderson. "Principles, patient welfare and the Adults with Incapacity (Scotland) Act 2000." International Journal of Law and Psychiatry 32, no. 2 (2009): 120–26. http://dx.doi.org/10.1016/j.ijlp.2009.01.008.

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Dunlop, Laura Jean. "Deprivation of Liberty: the position in Scotland." International Journal of Mental Health and Capacity Law 2016, no. 22 (2017): 120. http://dx.doi.org/10.19164/ijmhcl.v2016i22.500.

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This article outlines the response in Scotland to the Bournewood litigations, chronicles the project undertaken by the Scottish Law Commission to consider reform of the Adults with Incapacity (Scotland) Act 2000 to address deprivation of liberty, and describes the recommended scheme.
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Lyons, Donald. "Medical Treatment Using the Scottish Incapacity Act: Will it Work?" International Journal of Mental Health and Capacity Law, no. 7 (September 8, 2014): 197. http://dx.doi.org/10.19164/ijmhcl.v0i7.369.

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The Adults with Incapacity (Scotland) Act 2000 was one of the first pieces of legislation passed by the Scottish Parliament. It is a major and significant Act that repeals and replaces many outdated pieces of legislation and brings the broad spectrum of incapacity issues under one single legislative framework. It is being implemented on a phased basis and can be viewed on the internet at <a href="http://www.scotland.gov.uk/justice/incapacity">http://www.scotland.gov.uk/justice/incapacity</a>. This paper examines the major provisions of the Act, focusing on some of the difficult issues surrounding treatment and research.
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Ross, Margaret L. "The Adults with Incapacity (Scotland) Act 2000: a Long and Winding Road." Edinburgh Law Review 7, no. 2 (2003): 226–33. http://dx.doi.org/10.3366/elr.2003.7.2.226.

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McCulloch, Justine. "(In) capacity legislation in practice." Psychiatric Bulletin 33, no. 1 (2009): 20–22. http://dx.doi.org/10.1192/pb.bp.107.019323.

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Aims and MethodCapacity legislation was implemented in Scotland in 2002 under the Adults with Incapacity (Scotland) Act 2000. This questionnaire study aimed to explore the knowledge, experience and opinions of the Act among consultant psychiatrists in Scotland (n=373; response rate 64%).ResultsThe majority of respondents had attended an induction programme: 74% were confident in their assessment of capacity and 54% felt confident in their use of the Act. Awareness of the principles and code of practice was good. the administration of the Act varied between areas.Clinical ImplicationsDespite good knowledge of the Act, respondents reported they were largely self-taught and would welcome further training. Administration, uptake by other medical disciplines and discrepancies between principle and practice were raised; these concerns are relevant to amendments of this legislation and to other jurisdictions.
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Keene, Alex Ruck, and Adrian D. Ward. "With and Without 'Best Interests': the Mental Capacity Act 2005, the Adults With Incapacity (Scotland) Act 2000 and constructing decisions." International Journal of Mental Health and Capacity Law 2016, no. 22 (2016): 17. http://dx.doi.org/10.19164/ijmhcl.v2016i22.549.

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<p>This article compares the bases upon which actions are taken or decisions are made in relation to those considered to lack the material capacity in the Mental Capacity Act 2005 (‘MCA’) and the Adults with Incapacity (Scotland) Act 2000 (‘AWI’). Through a study of (1) the statutory provisions; and (2) the case-law decided under the two statutes, it addresses the question of whether the use of the term ‘best interests’ in the MCA and its – deliberate – absence from the AWI makes a material difference when comparing the two Acts. This question is of considerable importance when examining the compatibility of these legislative regimes in the United Kingdom with the Convention on the Rights of Persons with Disabilities (‘CRPD’).</p><p><br />The article is written by two practising lawyers, one a Scottish solicitor, and one an English barrister. Each has sought to cast a critical eye over the legislative framework on the other side of the border between their two jurisdictions as well as over the framework (and jurisprudence) in their own jurisdiction. Its comparative analysis is not one that has previously been attempted; it shows that both jurisdictions are on their own journeys, although not ones with quite the direction that might be anticipated from a plain reading of the respective statutes.</p>
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Wilson, Sam. "Mental capacity legislation in the UK: systematic review of the experiences of adults lacking capacity and their carers." BJPsych Bulletin 41, no. 5 (2017): 260–66. http://dx.doi.org/10.1192/pb.bp.116.055160.

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Aims and methodCapacity legislation in the UK allows substitute decision-making for adults lacking capacity. Research has explored the experiences of such adults and their carers in relation to the Adults with Incapacity (Scotland) Act 2000, and the Mental Capacity Act 2005 in England and Wales. A systematic review of the relevant research was performed using a framework method.ResultsThe legislation provided mechanisms for substitute decision-making which were seen as useful, but there were negative experiences. Decision-making did not always seem to follow the legislative principles. Awareness of the legislation was limited. Most research was qualitative and some was of low methodological quality. Data were too heterogeneous to allow comparisons between English and Scottish law.Clinical implicationsCapacity legislation was generally viewed positively. However, some experiences were perceived negatively, and the potential benefits of the legislation were not always utilised.
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Books on the topic "Adults with Incapacity (Scotland) Act 2000"

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Parliament, Scotland. Adults with Incapacity (Scotland) Act 2000: Explanatory notes. The Stationery Office, 2000.

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Ridley, Julie. Implementation of part 5 of the Adults with Incapacity (Scotland) Act 2000: Analysis of written submissions to consultation. Scottish Executive Central Research Unit, 2002.

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Passage of the Adults with Incapacity (Scotland) Bill 1999: SP Bill 5 (Session 1), subsequently 2000 asp 4. Stationery Office, 2001.

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Ward, Adrian, and Hilary Patrick. Mental Health (Scotland) Act 1984 and Adults with Incapacity (Scotland) Act 2000 (Annotated Acts). Sweet & Maxwell Ltd, 2001.

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Adults with Incapacity (Scotland) Act, 2000 (Acts of the Scottish Parliament - Elizabeth II). Stationery Office Books, 2000.

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Office, The Stationery. Adults with Incapacity (Scotland) Act, 2000 (Acts of the Scottish Parliament - Elizabeth II). Stationery Office Books, 2000.

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Executive, Scotland Scottish, ed. Adults with Incapacity (Scotland) Act 2000: Code of practice for persons authorised to carry out medical treatment or research under Part 5 of the Act effective from 1st July 2002 (due for revision 1st July 2003). Scottish Executive, 2002.

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Jan, Killeen, Myers Fiona, and Brisbane Allison, eds. The Adults with incapacity (Scotland) Act 2000: Learning from experience : the consultancy on implementation, monitoring and research. Scottish Executive, 2004.

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Book chapters on the topic "Adults with Incapacity (Scotland) Act 2000"

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Calder, Bert. "2007 Act, Part 2 (Adults with Incapacity)." In A Guide to the Adult Support and Protection (Scotland) Act 2007. Edinburgh University Press, 2010. http://dx.doi.org/10.3366/edinburgh/9781845860820.003.0009.

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