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Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the mental health officer''s interview with the patient. The guidance does not stipulate who may or may not be present at such interviews, although it is expected that independent interviews with the patient by medical professionals would be carried out separately. This is an issue which has already been drawn to officials'' attention and will be considered in the next review of the Code of Practice.

Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice clearly sets out the procedures which must be followed before a short-term detention certificate may be granted. The duty on the approved medical practitioner under section 44(10) of the 2003 Act to consult the patient''s named person is subject to the caveat at subsection (11) of section 44, that he or she need not consult the named person where it is impracticable to do so. Likewise, the duty on the mental health officer to interview the patient and take the other required steps before deciding whether to consent to the granting of a short-term detention certificate is subject to the caveat at subsection (2) of section 45, where it is impracticable to do so.

There are three ways in which a person may be subjected to compulsory measures of treatment under the civil regime in the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act), namely: (a) emergency detention; (b) short-term detention, and (c) long-term detention or compulsory measures under the authority of a compulsory treatment order. In addition, mentally disordered offenders may be made subject to compulsory measures of treatment by the courts under the Criminal Procedure (Scotland) Act 1995 (the 1995 Act).

The majority of compulsory measures of treatment for mental disorder are first approved by either the Mental Health Tribunal for Scotland under Part 7 of the 2003 Act (compulsory treatment orders) or by a court under the 1995 Act in relation to mentally disordered offenders. The two exceptions to this prior authority for treatment for mental disorder by a court or tribunal are: civil emergency detention under Part 5 of the 2003 Act, and short-term detention under Part 6 of the 2003 Act.

In relation to emergency detention, the authorised period of detention is just 72 hours and the purpose of the detention is to determine what medical treatment requires to be provided to the patient. There is no general authority to give treatment for mental disorder under an emergency detention certificate.

A short-term detention certificate does enable treatment to be given, in accordance with part 16 of the 2003 Act. Volume 1, Chapter 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the provision of medical treatment for mental disorder which are set out in part 16, including the issue of consent.

Volume 2, Chapter 7 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice details the procedures to be followed by the responsible medical officer (RMO). Where practicable the RMO must consult a Mental Health Officer (MHO) and obtain their consent to the granting of the emergency detention certificate. Where MHO consent is refused the emergency detention certificate may not be granted and the patient may not be detained.

A range of professionals are involved in the care and treatment of an individual under the act. An individual who is required to receive care and/or treatment will have an MHO appointed to work for them. The MHO''s responsibilities include interviewing the individual, advising them of their rights, providing consent for the individual to be assessed or treated in hospital under compulsory measures, applying for a CTO and advising the Mental Welfare Commission and the individual''s named person if they have been detained in hospital or when an application is being made for a CTO. The MHO may also liaise with hospital staff and other members of the multi-disciplinary team involved in the care of an individual.

Anyone carrying out duties or giving someone treatment under the act, e.g. doctors, nurses and social workers, has to follow the principles set out in the act which are to ensure that individuals are treated with respect. This includes taking account of; the patient''s past and present wishes about their care and treatment; the views of their named person, guardian or welfare attorney; the range of options available for their care and treatment; what will ensure the maximum benefit for them; making sure that they are not being treated any less favourably because they are being treated under the act, and the individual''s abilities and background.

This information is not held centrally. However, the Scottish Government has been informed by NHS Greater Glasgow and Clyde that while greater patient and attendance numbers were expected than attended the previous service, no specific numbers were identified.

Anticipated attendances at any new service are difficult to gauge. Attendances at new clinics increase as the service becomes known with further publicity and as more people become aware of service.

The most recent data available from NHS Greater Glasgow and Clyde show that 477 patients attended the West Dunbartonshire Sexual Health Hub from May 2009 to August 2009. In comparison, 375 patients attended the Dumbarton Health Centre Family Planning Clinic during the same time period the previous year.

The Scottish Government does not hold exact details of the level of income for all households that contain a 16 to 19-year-old in school or further education. As such it isn''t possible to calculate a precise figure for the number of young people who would no longer qualify for an Education Maintenance Allowance (EMA) in 2009-10.

However, based on an analysis of recipients of EMA in academic year 2007-08, it is estimated that around 3,700 young people will not qualify for an Education Maintenance Allowance (EMA) due to the removal of the £10 and £20 payments. All young people who previously applied and received a £10 or £20 payment prior to their removal will continue to receive them. The changes only affect young people who are applying and qualifying for an EMA for the first time in 2009-10. This estimate is based on analysis of recipients of EMA in academic year 2007-08. It does not account for any potential reduction in incomes of recipients due to the economic slowdown.

The resources saved from the removal of the £10 and £20 payments are being switched to support 16 to 19-year-olds in need of support through 16+ learning choices.

NHS boards will be asked to provide information on waiting times for infertility services to Infertility Network Scotland during autumn 2009.

Once this information is collected and verified, I will place a copy of the information in the Scottish Parliament Information Centre (Bib. number 49114).

NHS boards will be asked to provide information on waiting times for infertility services to Infertility Network Scotland during autumn 2009.

Once this information is collected and verified, I will place a copy of the information in the Scottish Parliament Information Centre (Bib. number 49114).

I refer the member to the answer to question S3W-26922 on 14 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/business/PQA/Default.aspx.

I refer the member to the answer to question S3W-26922 on 14 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/business/PQA/Default.aspx.