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

253 Declaration in relation to named person

(1) Subject to subsection (4) below and to section 257 of this Act, where a person who has attained the age of 16 years (“the declarer”) makes a declaration in writing in accordance with subsection (2) below stating that a person specified in the declaration shall not be the declarer’s named person, that person shall not be the declarer’s named person.

(2) A declaration is made in accordance with this subsection if—

(a) signed by the declarer; and

(b) witnessed by a prescribed person who certifies that, in the opinion of the prescribed person, the declarer—

(i) understands the effect of making the declaration; and

(ii) has not been subjected to any undue influence in making the declaration.

(3) A declaration under this section shall be effective notwithstanding the individual’s becoming, after making the declaration, incapable.

(4) A declaration under subsection (1) above may be revoked by the declarer in accordance with subsection (5) below.

(5) A declaration is revoked in accordance with this subsection if the revocation is—

(a) signed by the declarer; and

(b) witnessed by a prescribed person who shall certify that, in the opinion of the prescribed person, the declarer—

(i) understands the effect of revoking the declaration; and

(ii) has not been subjected to any undue influence in making the revocation.

(6) In this section, “incapable” and “prescribed person” have the same meaning as in section 250 of this Act.