(This note is not part of the Regulations)
The Mental Health (Care and Treatment) (Scotland) Act 2003 (“the Act”) makes provision for the nomination of “named persons”. Any nomination must be witnessed and certified by a “prescribed person”. Section 250(7) provides that “prescribed person” means a person of a class prescribed by regulations. These Regulations prescribe that class.
Section 250(4) of the Act makes provision for revocation of such nominations; which, again, must be witnessed and certified by prescribed persons.
Section 253 makes provision for declarations in relation to named persons. Such declarations set out persons whom the declarer does not wish to be their named person. The declaration can then be used to determine the person’s wishes in circumstances where that person becomes incapable. Declarations can be revoked. Any declaration or revocation must be witnessed and certified by a prescribed person. Section 253(6) provides that “prescribed person” has the same meaning as in section 250 of the Act.