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Mental Health (Care and Treatment) (Scotland) Act 2003

Named person in relation to child

483.Section 252 provides that a named person for a patient under 16 shall be determined in accordance with subsection (1). A person, unless under the age of 16, who has parental rights and parental responsibilities in relation to that child, will ordinarily be the named person. (Parental rights has the meaning given by section 2(4) of the Children (Scotland) Act 1995 and parental responsibilities has the meaning given by section 1(3) of that Act.)

484.Where there are 2 or more persons of the relevant age with parental rights and parental responsibilities in relation to a child, subsections (2) and (3) operate so as to determine who will be the named person.

485.Where the child is in the care of a local authority by virtue of section 31 of the Children Act 1989, the authority is to be the named person.

486.Where neither of the situations in the preceding paragraphs applies, subsection (1)(c) provides that, where the child’s primary carer is 16 or over, that person is the named person.

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