Legislation – Mental Health Act 2025

“Nominated persons: appointment and removal

30ANominated person

Schedule A1—

(a)

confers power to appoint a nominated person for a patient for the purposes of this Act, and

(b)

makes provision about the duration of an appointment of a nominated person.

30BPower of court to terminate appointment of nominated person

(1)

The county court may, on an application made in accordance with the provisions of this section, make an order terminating the appointment of a nominated person for a patient.

(2)

An order under this section may be made on the application of—

(a)

the patient,

(b)

an approved mental health professional, or

(c)

any person engaged in caring for the patient or interested in the patient’s welfare.

(3)

An application for an order under this section may only be made on the grounds that—

(a)

the nominated person unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient;

(b)

the nominated person has, without due regard to the welfare of the patient or the interests of the public, exercised the power to discharge the patient under this Part of this Act or is likely to do so;

(c)

the nominated person unreasonably objects to the making of a community treatment order in respect of the patient;

(d)

the patient has done anything which is clearly inconsistent with the nominated person remaining the patient’s nominated person;

(e)

the nominated person lacks the capacity or competence to act as a nominated person;

(f)

the nominated person is otherwise not a suitable person to act as a nominated person.

(4)

If, immediately before the expiry of the period for which a patient is liable to be detained by virtue of an application for admission for assessment, an application under this section, which is an application made on the ground specified in subsection (3)(a) or (b), is pending in respect of the patient, that period is extended—

(a)

in any case, until the application under this section has been finally disposed of, and

(b)

if an order is made in pursuance of the application under this section, for a further period of seven days.

(5)

For the purposes of subsection (4)—

(a)

an application under this section is “pending” until it is finally disposed of, and

(b)

an application under this section is “finally disposed of”—

(i)

when the time allowed for appealing against the court’s decision expires without an appeal being brought, or

(ii)

where an appeal is brought within that time, when the appeal has been heard or withdrawn.

(6)

Where an order under this section terminates the appointment of a nominated person for a patient, the person is disqualified from being re-appointed for the period specified by the court in the order.

(7)

In this section “patient” means—

(a)

a person by whom a nominated person is appointed under Part 1 of Schedule A1, or

(b)

a person for whom a nominated person is appointed under Part 2 of that Schedule.”

“Schedule A1Nominated person

Section 30A

Part 1Appointment of nominated person by a patient

Right of patients etc to appoint nominated person

1

A person (the “patient”) may appoint another person to act as their nominated person for the purposes of this Act.

Who can be appointed by a patient as a nominated person?

2

(1)

A person is eligible to be appointed as a nominated person under this Part of this Schedule only if the person—

(a)

is an individual who meets the age requirement (see sub-paragraph (2)), and

(b)

is not disqualified by section 30B(6) (disqualification as a result of court order terminating previous appointment as a nominated person).

(2)

The table sets out the age requirement for a nominated person who is an individual.

Where the patient is:	The nominated person must be:
16 or over	16 or over
Under 16	18 or over

Appointment formalities

3

(1)

The appointment of a nominated person under this Part of this Schedule is valid only if—

(a)

the person is eligible to be appointed as a nominated person,

(b)

the appointment is made by an instrument in writing signed by the patient in the presence of a health or care professional or independent mental health advocate (“the witness”),

(c)

the nominated person has signed a statement that they—

(i)

meet the age requirement (see paragraph 2(2)), and

(ii)

agree to act as the nominated person, and

(d)

the witness has signed a statement that—

(i)

the instrument appointing the nominated person was signed by the patient in the presence of the witness,

(ii)

the witness has no reason to think that the patient lacks capacity or competence to make the appointment,

(iii)

the witness has no reason to think that the nominated person lacks capacity or competence to act as a nominated person,

(iv)

the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to make the appointment, and

(v)

the witness has no reason to think that the nominated person is unsuitable to act as a nominated person.

Duration of appointment

4

The appointment of a nominated person under this Part of this Schedule ceases to have effect if—

(a)

the nominated person dies;

(b)

the patient appoints a different nominated person;

(c)

the patient terminates the appointment under paragraph 5;

(d)

the nominated person resigns under paragraph 6;

(e)

the county court terminates the appointment under section 30B.

Termination of appointment by patient

5

(1)

The appointment of a nominated person under this Part of this Schedule may be terminated by the patient giving the nominated person written notice.

(2)

The notice must be—

(a)

signed by the patient in the presence of a health or care professional or independent mental health advocate (“the witness”), and

(b)

contain a statement, signed by the witness, that—

(i)

the notice was signed by the patient in the presence of the witness,

(ii)

the witness has no reason to think that the patient lacks capacity or competence to terminate the appointment, and

(iii)

the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to terminate the appointment.

Resignation of nominated person

6

(1)

A nominated person appointed under this Part of this Schedule may resign by giving written notice to the patient and at least one of the persons mentioned in sub-paragraph (2).

(2)

The persons are—

(a)

an approved mental health professional;

(b)

the patient’s responsible clinician (if any);

(c)

in relation to a patient who is—

(i)

liable to be detained in pursuance of an application for admission for assessment or treatment,

(ii)

the subject of an application for admission for assessment or treatment, or

(iii)

a community patient,

the relevant managers;

(d)

in relation to a patient who is—

(i)

subject to guardianship in pursuance of a guardianship application, or

(ii)

the subject of a guardianship application,

the relevant local social services authority.

(3)

The notice must be signed by the nominated person.

Part 2Appointment of nominated person by an approved mental health professional

Power of approved mental health professional to appoint nominated person

7

(1)

Where an approved mental health professional reasonably believes that a relevant patient—

(a)

lacks capacity or is not competent to appoint a nominated person, and

(b)

has not appointed a person under Part 1 of this Schedule to act as their nominated person,

the professional may appoint a person to act as the patient’s nominated person for the purposes of this Act.

(2)

In this Schedule “relevant patient” means a person—

(a)

who is liable to be detained in pursuance of an application for admission for assessment or treatment,

(b)

who is the subject of an application for admission for assessment or treatment,

(c)

in relation to whom an approved mental health professional is considering making an application for admission for assessment or treatment,

(d)

who is a community patient,

(e)

who is subject to guardianship in pursuance of a guardianship application,

(f)

who is the subject of a guardianship application, or

(g)

in relation to whom an approved mental health professional is considering making a guardianship application.

Who can be appointed by an approved mental health professional as a nominated person?

8

A person is eligible to be appointed as a nominated person under this Part of this Schedule only if the person—

(a)

is an individual who meets the age requirement (see paragraph 2(2)) or is a local authority, and

(b)

is not disqualified by section 30B(6) (disqualification as a result of court order terminating previous appointment as a nominated person).

Selection of nominated person

9

(1)

This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged 18 or over.

(2)

If the relevant patient has a competent donee or deputy who is willing to act as the nominated person, the approved mental health professional must appoint the donee or deputy.

(3)

In any other case, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable.

(4)

In this paragraph—

(a)

“donee” means a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient;

(b)

“deputy” means a deputy appointed for the patient by the Court of Protection under section 16 of that Act;

(c)

a donee or deputy is “competent” if the scope of the authority conferred on them as donee or deputy would extend to taking decisions of the kind taken by a nominated person.

10

(1)

This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged 16 or 17.

(2)

If a local authority has parental responsibility for the relevant patient, the approved mental health professional must appoint that local authority.

(3)

If no local authority has parental responsibility for the relevant patient but the relevant patient has a competent deputy who is willing to act as the nominated person, the approved mental health professional must appoint the deputy.

(4)

In any case in which sub-paragraphs (2) and (3) do not identify who is to be appointed, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable.

(5)

In this paragraph—

(a)

“deputy” means a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005;

(b)

a deputy is “competent” if the scope of the authority conferred on them as donee or deputy would extend to taking decisions of the kind taken by a nominated person.

11

(1)

This paragraph applies where an approved mental health professional is deciding who to appoint as a nominated person for a relevant patient who is aged under 16.

(2)

If a local authority has parental responsibility for the relevant patient, the approved mental health professional must appoint that local authority.

(3)

If no local authority has parental responsibility for the relevant patient and there is a person within the following list who is willing to act as the nominated person, the approved mental health professional must appoint such a person—

(a)

a person who has parental responsibility for the relevant patient;

(b)

a person named in a child arrangements order as a person with whom the relevant patient is to live;

(c)

a person who is a special guardian of the relevant patient.

(4)

In sub-paragraph (3) “child arrangements order” and “special guardian” have the same meaning as in the Children Act 1989 (see sections 8(1) and 14A(1) of that Act respectively).

(5)

In any case in which sub-paragraphs (2) and (3) do not identify who is to be appointed, the approved mental health professional must, in deciding who to appoint, take into account the relevant patient’s past and present wishes and feelings so far as reasonably ascertainable.

Appointment formalities

12

The appointment of a nominated person by an approved mental health professional is valid only if—

(a)

the person is eligible to be appointed as a nominated person (see paragraph 8),

(b)

the person agrees to act as the nominated person, and

(c)

the appointment is made by an instrument in writing and signed by the professional.

Notification of appointment

13

(1)

Where an approved mental health professional appoints a nominated person under this Part of this Schedule, the professional must—

(a)

if the appointment relates to a relevant patient falling within paragraph 7(2)(a) to (d), notify the relevant managers;

(b)

if the appointment relates to a relevant patient falling within paragraph 7(2)(e) to (g), notify the relevant local social services authority.

(2)

A person who is notified under sub-paragraph (1) of the appointment of a nominated person must take such steps as the person considers appropriate to inform the relevant patient of the appointment.

Duration of appointment

14

The appointment of a nominated person under this Part of this Schedule ceases to have effect if—

(a)

the nominated person dies;

(b)

an approved mental health professional appoints a different nominated person for the relevant patient;

(c)

an approved mental health professional terminates the appointment under paragraph 15;

(d)

the relevant patient terminates the appointment under paragraph 16;

(e)

the nominated person resigns under paragraph 17;

(f)

the county court terminates the appointment under section 30B;

(g)

the relevant patient appoints a different nominated person under Part 1 of this Schedule;

(h)

the person for whom the nominated person was appointed ceases to be a relevant patient.

Termination of appointment by approved mental health professional

15

(1)

Where an approved mental health professional has appointed a nominated person for a relevant patient, an approved mental health professional may terminate the appointment by giving written notice to the nominated person and the patient.

(2)

The appointment may only be terminated on the grounds that—

(a)

the person lacks capacity to exercise the functions of a nominated person,

(b)

the person is otherwise not a suitable person to act as the nominated person, or

(c)

the relevant patient has regained capacity or competence to appoint a nominated person under Part 1 of this Schedule.

(3)

Where an approved mental health professional terminates the appointment of a nominated person under this Part of this Schedule, the professional must—

(a)

if the appointment relates to a relevant patient falling within paragraph 7(2)(a) to (d), notify the relevant managers;

(b)

if the appointment relates to a relevant patient falling within paragraph 7(2)(e) to (g), notify the relevant local social services authority.

Termination of appointment by relevant patient

16

(1)

The appointment of a nominated person under this Part of this Schedule may be terminated by the relevant patient giving the nominated person written notice.

(2)

The notice must be—

(a)

signed by the relevant patient in the presence of a health or care professional or independent mental health advocate (“the witness”), and

(b)

contain a statement, signed by the witness, that—

(i)

the notice was signed by the patient in the presence of the witness,

(ii)

the witness has no reason to think that the patient lacks capacity or competence to terminate the appointment, and

(iii)

the witness has no reason to think that any fraud or undue pressure has been used to induce the patient to terminate the appointment.

Resignation of nominated person

17

(1)

A nominated person appointed by an approved mental health professional may resign by giving written notice to the patient and at least one of the persons mentioned in sub-paragraph (2).

(2)

The persons are—

(a)

an approved mental health professional;

(b)

the relevant patient’s responsible clinician (if any);

(c)

in relation to a relevant patient falling within paragraph 7(2)(a), (b) or (d), the relevant managers;

(d)

in relation to a relevant patient falling within paragraph 7(2)(e) or (f), the relevant local social services authority.

(3)

The notice must be signed by the nominated person.

Part 3Definitions

“Health or care professional”

18

In this Schedule “health or care professional” means—

(a)

a registered medical practitioner;

(b)

a registered nurse or midwife;

(c)

a person registered as a member of a profession to which the Health and Social Work Professions Order 2001 (S.I. 2002/254) for the time being extends;

(d)

a person registered as a social worker in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017;

(e)

a person registered as a social worker in the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

“Independent mental health advocate”

19

In this Schedule “independent mental health advocate”, in relation to a person appointing a nominated person, means an independent mental health advocate appointed under arrangements made under section 130A or 130E.

“Capacity”

20

In relation to a person who has attained the age of 16 years—

(a)

references in this Schedule to lacking capacity are to lacking capacity within the meaning of the Mental Capacity Act 2005, and

(b)

references in this Schedule to having, ceasing to have or gaining capacity are to be read accordingly.

“Relevant managers”

21

References in this Schedule to “the relevant managers” are—

(a)

in relation to a patient who is liable to be detained under this Act in a hospital or registered establishment, the managers of the hospital or registered establishment;

(b)

in relation to a patient who is the subject of an application for admission for assessment or treatment, the managers of the hospital or registered establishment to which admission is sought;

(c)

in relation to a patient in relation to whom an approved mental health professional is considering making an application for admission for assessment or treatment, the managers of the hospital or registered establishment to which admission would be sought;

(d)

in relation to a community patient, the managers of the responsible hospital.

“Relevant local social services authority”

22

References in this Schedule to “the relevant local social services authority” are—

(a)

in relation to a person who is subject to guardianship—

(i)

where the patient is subject to the guardianship of a local social services authority, to that authority;

(ii)

where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides;

(b)

in relation to a person who is the subject of a guardianship application, or in relation to whom an approved mental health professional is considering making a guardianship application—

(i)

where the application names or would name a local social services authority as guardian, to that authority;

(ii)

where the application names or would name a person other than a local social services authority as guardian, to the local social services authority for the area in which the person named as guardian resides.

“Relevant patient”

23

In this Schedule “relevant patient” has the meaning given by paragraph 7(2).”

“36ARemands to hospital: nominated person

Sections 30A and 30B and Schedule A1 (nominated person) apply in relation to a person remanded to hospital under section 35 or 36 as they apply in relation to a person subject to an order under section 41 (see section 41(3) and Part 2 of Schedule 1).”

“(8)

Sections 30A and 30B and Schedule A1 (nominated person) apply in relation to an offender subject to an interim hospital order as they apply in relation to a person subject to an order under section 41 (see section 41(3) and Part 2 of Schedule 1).”