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 22: Named person not to be automatic
Amendment to section 251, 253 and 318

72.Section 22 repeals section 251 and 253 so that the carer or relative does not become a named person by virtue of those sections if the patient does not nominate a named person. Therefore a patient aged 16 or over will only have a named person if they choose one. A consequential amendment is made to section 318 and to the definition of named person in section 329 of the 2003 Act.