Section 27 — Community treatment orders: role of nominated person
Extent: E+W+S+N.I.
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) The Mental Health Act 1983 is amended as follows.
(2) After section 17A insert— Community treatment orders: role of nominated person 17AA (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.
(3) In the heading to section 17B, after “Conditions” insert “to be included in community treatment orders”.
(4) 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.
(5) 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; .
(6) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders: patients not subject to special restrictions), in paragraph 1, before “17B,” (as inserted by Schedule 1 to this Act) insert “17AA,”.