17.—(1) Regulation 28 of the principal Regulations (notification requirements: post assessment) is amended as follows.
(2) After paragraph (3)(b) insert—
“(ba)any guardian of the patient;
(bb)any welfare attorney of the patient;
(bc)any person named in the request for consent to the patient’s reception in Scotland as the patient’s nearest relative or primary carer (but see paragraphs (3A) to (3C));”.
(3) After paragraph (3) insert—
“(3A) Before giving notification under paragraph (2) to a person named as the patient’s nearest relative or primary carer, the managers of the receiving hospital must establish whether the patient objects to notification being given to that person.
(3B) If the patient objects to the person mentioned in paragraph (3A) being notified, the person is not to be notified under paragraph (2).
(3C) Paragraphs (3A) and (3B) do not apply where the person mentioned in paragraph (3A) is the patient’s named person, guardian or welfare attorney.”.