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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Nomination by virtue of—
(i)must be in writing signed by the adult;
(ii)may be withdrawn in writing signed by the adult,
in the presence of one witness (who is not so nominated);
(i)must be in writing signed by the child;
(ii)may be withdrawn in writing signed by the child,
in the presence of one witness (who is not so nominated).
(2)A witness to nomination by an adult by virtue of section 30(1) or by a child by virtue of section 32(1) must at the time of witnessing certify (in writing signed by the witness) that, in the opinion of the witness, the adult or, as the case may be, the child understands the effect of the nomination and is not acting under undue influence in giving it.
(3)A person nominated by virtue of section 30(1) or 32(1)—
(a)may not act under the nomination if not an adult;
(b)may renounce the nomination.
(4)Where more than one person is so nominated, authorisation by virtue of the nomination may be given by any one of them or by all of them acting jointly.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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