http://www.legislation.gov.uk/asp/2003/13/section/255/2005-10-05Mental Health (Care and Treatment) (Scotland) Act 2003An Act of the Scottish Parliament to restate and amend the law relating to mentally disordered persons; and for connected purposes.texttext/xmlenStatute Law Database2026-02-04Expert Participation2005-10-05 Mental Health (Care and Treatment) (Scotland) Act 2003s. 64(8A)(8B)Mental Health (Scotland) Act 2015s. 1(2)s. 61(2)Mental Health (Care and Treatment) (Scotland) Act 2003s. 65(7)Mental Health (Scotland) Act 2015s. 1(3)s. 61(2) Part 17 Chapter 12551Subsection (2) below applies where—aa mental health officer is discharging any function by virtue of this Act or the 1995 Act in relation to a patient; andbit is necessary for the purposes of the discharge of the function to establish whether the patient has a named person.2The mental health officer shall take such steps as are reasonably practicable—ato establish whether the patient has a named person; andbif so, to ascertain who that person is.3Subsection (4) below applies where the mental health officer—aestablishes that the patient does not have a named person; orbis unable to establish whether the patient has a named person.4The mental health officer—ashall make a record of the steps taken under subsection (2)(a) above; andbmay apply to the Tribunal for an order under section 257 of this Act.5Where the mental health officer makes a record under subsection (4)(a) above, the mental health officer shall, as soon as practicable, give a copy of the record to—athe Tribunal; andbthe Commission.6Where by virtue of subsection (2) above—athe mental health officer—iestablishes that the patient has a named person; andiiascertains the name of that person (“the apparent named person”); butbthe mental health officer considers that it is inappropriate for the apparent named person to be the patient’s named person,the mental health officer shall apply to the Tribunal for an order under section 257 of this Act.7Where—aa mental health officer is discharging any function by virtue of this Act in relation to a patient; andbit appears to the mental health officer—ithat the patient does not have a named person; oriithat the patient has a named person (“the apparent named person”) but the mental health officer considers that it is inappropriate for the apparent named person to be the patient’s named person,the mental health officer may apply to the Tribunal for an order under section 257 of this Act.S. 255 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)