PART 1THE 2003 ACT
Representation by named persons
23Consent to being named person
1
The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
2
In section 250 (nomination of named person)—
a
in subsection (1), for the words “(3) and (6)” there is substituted “(2A), (3) and (6)”,
b
after subsection (2) there is inserted—
2A
A nomination under subsection (1) above is valid only if—
a
a docket to the nomination states that the person nominated has consented to the nomination,
b
the docket is signed by the nominated person, and
c
the nominated person’s signature is witnessed by a prescribed person.
c
in subsection (6), for the words “may decline” there is substituted “ceases”.
3
In section 257 (named person: Tribunal’s powers)—
a
in subsection (3), after the word “(4)” there is inserted “or (5)”,
b
after subsection (4) there is inserted—
5
An order under this section appointing a person to be a patient’s named person may be made only if—
a
a document, signed by the person, states that the person has consented to being the patient’s named person, and
b
the person’s signature is witnessed by someone.
6
A person appointed by an order under this section to be a patient’s named person ceases to be the patient’s named person by giving notice to that effect to—
a
the Tribunal,
b
the patient, and
c
the local authority for the area in which the patient resides.