Explanatory Notes

Mental Health (Scotland) Act 2015

2015 asp 9

4 August 2015

The Structure & a Summary of the Act

Part One – the 2003 Act

Section 24: Appointment of named person
Amendment of sections 255, 256, 257 and 320.

74.The Tribunal currently has power to appoint a named person, in the absence of an existing named person. Section 24(4) of the Act removes this power from the Tribunal, in relation to adults, and makes associated amendments to section 255 and 256 of the 2003 Act which currently allow the Mental Health Officer and certain persons listed in section 256(2) (including the patient) to apply to the Tribunal to have a named person appointed. A consequential amendment is made to section 320.