C1PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES
Formalities
95Formalities for declarations under Part 4
1
This section applies to the making or revocation of a declaration under section 90 or 93.
2
For the purposes of section 90(3) or 93(4), the conditions of this section are met if—
a
the document containing the declaration or revocation is signed by the person making the declaration or revocation (“P”);
b
P's signature is witnessed by a person of a prescribed description; and
c
the person witnessing the signature certifies that, in his or her opinion, P—
i
understands the effect of the declaration or revocation; and
ii
has not been subjected to any undue pressure in relation to the declaration or revocation.
3
Regulations may make provision for subsection (2) to have effect with prescribed modifications where the person making or revoking the declaration is physically unable to make a signature.
Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))