{
  "url": "https://openlegislation.uk/mental-health-act-2025/schedule-2/paragraph-2",
  "json_url": "https://openlegislation.uk/mental-health-act-2025/schedule-2/paragraph-2.json",
  "legislation": "ukpga/2025/33",
  "legislation_title": "Mental Health Act 2025",
  "legislation_url": "https://openlegislation.uk/mental-health-act-2025",
  "path": "schedule/2/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "Before section 31 and the italic heading before that section insert—\n“Nominated persons: appointment and removal\nNominated person\n30A Schedule A1—\n(a) confers power to appoint a nominated person for a patient for the purposes of this Act, and\n(b) makes provision about the duration of an appointment of a nominated person.\nPower of court to terminate appointment of nominated person\n30B (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.\n(2) An order under this section may be made on the application of—\n(a) the patient,\n(b) an approved mental health professional, or\n(c) any person engaged in caring for the patient or interested in the patient’s welfare.\n(3) An application for an order under this section may only be made on the grounds that—\n(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;\n(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;\n(c) the nominated person unreasonably objects to the making of a community treatment order in respect of the patient;\n(d) the patient has done anything which is clearly inconsistent with the nominated person remaining the patient’s nominated person;\n(e) the nominated person lacks the capacity or competence to act as a nominated person;\n(f) the nominated person is otherwise not a suitable person to act as a nominated person.\n(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—\n(a) in any case, until the application under this section has been finally disposed of, and\n(b) if an order is made in pursuance of the application under this section, for a further period of seven days.\n(5) For the purposes of subsection (4)—\n(a) an application under this section is “pending” until it is finally disposed of, and\n(b) an application under this section is “finally disposed of”—\n(i) when the time allowed for appealing against the court’s decision expires without an appeal being brought, or\n(ii) where an appeal is brought within that time, when the appeal has been heard or withdrawn.\n(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.\n(7) In this section “patient” means—\n(a) a person by whom a nominated person is appointed under Part 1 of Schedule A1, or\n(b) a person for whom a nominated person is appointed under Part 2 of that Schedule.”",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 2 not in force at Royal Assent, see s. 56(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/33/schedule/2/paragraph/2",
    "retrieved_at": "2026-10-29T08:45:37.913870+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}