Scotland occupies the northern third of the island of Great Britain. It is part of the United Kingdom.

Scotland's legal system continues to be separate from those of England, Wales, and Northern Ireland.

The total area is 78,772 km² (30,414 sq mi). The population of Scotland in the 2006 census was 5,116,900.

A complete description of the Health Care System in The United Kingdom available online at:

World Health Organization - Regional Office for Europe

Within the United Kingdom, laws relating to ADs in Scotland differ from those in England and Wales.

In Scotland, since The Mental Health Care & Treatment Scotland Act 2003, came into effect in October 2005, advance statements remain legally unbinding, however a medical practitioner is obliged to take their contents into account when considering a course of treatment.

ADs in Scotland receive the name of Advance Statements.

Patients aged 16 years or over will be able to choose a named person to support them and to protect their interests in any proceedings under the Act 2003. If no-one is chosen by the patient, then their primary carer will be their named person. If there is no primary carer, the service user’s nearest relative will be their named person.

Advance Directives only deal with treatment rejection.

There is not an official registry on Advance Directives in Scotland, therefore it is not possible to know the number of ADs registered by citizens.

The Department of Health’s Reference Guide to Consent for Examination or Treatment (2001), states that, under certain circumstances, treatment rejection is considered to be legally binding.

The Adults with Incapacity (Scotland) Act of 2000 is the main legislative text concerned with decision making carried out by a proxy on behalf of an incapacitated person.

The Mental Health Care & Treatment Scotland Act 2003 came into effect on 5th October 2005. This law says how people with a mental illness, learning disability or other mental disorder can be given care and treatment

Advance Directives only deal with treatment rejection .

According to the law, advance statements are not legally binding, but a medical practitioner is obliged to take their contents into account when considering a course of treatment.

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There is no official procedure for registering an AD in Scotland.

ADs may be presented in the form of a written document. They may also take the form of an oral statement in the presence of witnesses, signed cards or notes in the patient’s medical history.

It is necessary to include the full name and address of the patient, the name and full address of the witness and how they qualify as a witness and the date it was witnessed

There is no specific form to register an Advance Stament in Scotland.

Some entities provide samples:

The Scottish Governmet provides a sample of AD made under the Mental Health Act 2003.

The Scottish Government also provides a sample of a withdrawal form.

The National Health Service from Scotland (NHS) provides an End-of Life Advance Statement and a Staff form to accompany acceptance of an Advance Statement written whilst receiving health care.

• The Scottish Government. http://www.scotland.gov.uk. The devolved Government for Scotland is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, rural affairs, and transport. Information about Advance Statements can be found in this link http://www.scotland.gov.uk/Publications/2004/10/20017/44081

• Clickdocs http://www.clickdocs.co.uk/ It is a legal document shop for England, Scotland and Wales. Information and documents about ADs can be found in this link http://www.clickdocs.co.uk/living-wills.htm