Mental Health (Care and Treatment) (Scotland) Act 2003

257 Named person: Tribunal’s powers S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where—

(a) an application is made under section 255(6) or (7)(b)(ii) or 256(1)(b) of this Act; and

(b) the Tribunal is satisfied that it is inappropriate for the named person (“the acting named person”) to be the patient’s named person,

the Tribunal may, subject to subsection (4) below, make an order [F2 as allowed by subsection (3A)].

(3) Where an application is made under section 256(1)(c) of this Act, the Tribunal may, subject to subsection (4) [F3 or (5)] below, make such order as it thinks fit.

[F4 (3A) For the purpose of subsection (2), this subsection allows an order—

(a) in any case, to declare that the acting named person is not the named person,

(b) if the patient has not attained the age of 16 years, to appoint the person specified in the order to be the patient's named person in place of the acting named person.]

(4) It shall not be competent for the Tribunal to make an order under this section appointing a person who has not attained the age of 16 years to be a patient’s named person.

[F5 (5) An order under this section appointing a person to be a patient's named person may be made only if—

(a) a document, signed by the person, states that the person has consented to being the patient's named person, and

(b) the person's signature is witnessed by someone.

(6) A person appointed by an order under this section to be a patient's named person ceases to be the patient's named person by giving notice to that effect to—

(a) the Tribunal,

(b) the patient, and

(c) the local authority for the area in which the patient resides.]

Textual Amendments

F1 S. 257(1) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 24(4)(a), 61(2); S.S.I. 2017/197, art. 2, sch.

F2 Words in s. 257(2) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 24(4)(b), 61(2); S.S.I. 2017/197, art. 2, sch.

F3 Words in s. 257(3) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 23(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 16(b))

F4 S. 257(3A) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 24(4)(c), 61(2); S.S.I. 2017/197, art. 2, sch.

F5 S. 257(5)(6) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 23(3)(b), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 16(b))

Commencement Information

I1 S. 257 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)