Section 25 subsection (2) of the Act inserts references to the nominated person into section 11 of the 1983 Act so that the AMHP is required to consult the nominated person before they make an application for admission for treatment or guardianship (unless it is not reasonably practicable, or it would involve unreasonable delay). This also amends section 20 of the 1983 Act, requiring the responsible clinician/appropriate practitioner to consult the nominated person before providing a report for the purposes of renewal of detention or guardianship.
	The nominated person can object to the making of an application for admission for treatment or the making of a guardianship application by notifying the AMHP or the local social services authority on whose behalf the professional is acting. Where a nominated person objects to the making of an application, the application may be made only if it is accompanied by a report certifying that in the opinion of the AMHP, the patient if not admitted for treatment or received into guardianship, would be likely to act in a manner that is dangerous to other persons or to themselves. The changes brought about by the Act allow the AMHP to make use of the barring order on this occasion as AMHPs are professionally fit to judge whether the patient would act in a dangerous manner if they were not admitted or received into guardianship.
	Section 66 of the 1983 Act, which refers to the nearest relative’s right to apply to the Tribunal for the patient’s discharge, is also being amended to apply to the nominated person and apply where their objection to detention, and guardianship is being overruled.
Nominated persons Section 25: Applications for admission or guardianship: role of nominated person