Legislation – Mental Health Act 2025

After section 17A insert—

“17AACommunity treatment orders: role of nominated person

(1)

Before the responsible clinician makes a community treatment order in respect of a patient who appears to have a nominated person, the responsible clinician must consult that person.

(2)

But the consultation requirement imposed by subsection (1) does not apply if it appears to the responsible clinician that consultation—

(a)

is not reasonably practicable, or

(b)

would involve unreasonable delay.

(3)

A patient’s nominated person may object to the making of a community treatment order by notifying the responsible clinician.

(4)

Where the nominated person objects under subsection (3), the community treatment order may not be made unless the responsible clinician certifies in writing that—

(a)

in the opinion of the responsible clinician, the patient should be discharged from hospital, and

(b)

the patient, if so discharged without a community treatment order being in force, would be likely to act in a manner that is dangerous to other persons or to the patient.”

In section 20A (community treatment period and extensions), after subsection (8A) (as inserted by section 22 of this Act) insert—

“(8B)

Before making a statement under subsection (8)(b) in respect of a patient who appears to have a nominated person, the approved mental health professional must consult the nominated person, unless consultation—

(a)

is not reasonably practicable, or

(b)

would involve unreasonable delay.”

In section 66 (applications to tribunals), in subsection (1), after sub-paragraph (ia) (as inserted by section 25 of this Act) insert—

“(ib)

in the case mentioned in paragraph (ca) where the application was made despite an objection under section 17AA(3), by the patient’s nominated person;”.