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Mental Health (Scotland) Act 2015

Amendment to sections 250 and 257

73.At present, an individual may become a named person under section 251 of the 2003 Act without necessarily consenting to that role, albeit that he or she may decline to act. Section 23 of the Act makes provision for a person to be appointed as a named person by virtue of section 250 or 257, only if he or she has agreed to act as the person’s named person and signed a docket to that effect. If no such signed and witnessed docket exists, the appointment of the named person is null and void.

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