This section inserts the new section 17AA ‘Community treatment orders: role of nominated person’ into the 1983 Act. Before the responsible clinician makes a community treatment order (CTO), they must consult the patient’s nominated person (unless it is not reasonably practicable, or it would involve unreasonable delay). Currently under the 1983 Act, the nearest relative should be informed of the patient being put on a CTO but there is no requirement to consult with them on the decision, meaning that they currently cannot object to this. Under the reforms, a patient’s nominated person may object to the making of a CTO by notifying the responsible clinician.
	Where the nominated person objects to the making of a CTO by notifying the responsible clinician, the CTO may not be made unless the responsible clinician certifies in writing that it is their opinion that the patient should be discharged and if discharged without a CTO being in force, the patient would be likely to act in a manner that is dangerous to other persons or to themselves (i.e. the barring order would apply).
	Section 66 of the 1983 Act, which refers to the nearest relative’s right to apply to the Tribunal, is also amended to cover objections by the nominated person under section 17AA(3) (making a CTO) (subsection(5)).
Nominated persons Section 27: Community treatment orders: role of nominated person