Part 17

Patient representation etc.
Chapter 1

Named person

Meaning of “named person”

Declaration in relation to named person
253
1
Subject to subsection (4) below and to section 257 of this Act, where a person who has attained the age of 16 years (“the declarer”) makes a declaration in writing in accordance with subsection (2) below stating that a person specified in the declaration shall not be the declarer’s named person, that person shall not be the declarer’s named person.
2
A declaration is made in accordance with this subsection if—
a
signed by the declarer; and
b
witnessed by a prescribed person who certifies that, in the opinion of the prescribed person, the declarer—
i
understands the effect of making the declaration; and
ii
has not been subjected to any undue influence in making the declaration.
3
A declaration under this section shall be effective notwithstanding the individual’s becoming, after making the declaration, incapable.
4
A declaration under subsection (1) above may be revoked by the declarer in accordance with subsection (5) below.
5
A declaration is revoked in accordance with this subsection if the revocation is—
a
signed by the declarer; and
b
witnessed by a prescribed person who shall certify that, in the opinion of the prescribed person, the declarer—
i
understands the effect of revoking the declaration; and
ii
has not been subjected to any undue influence in making the revocation.
6
In this section, “incapable” and “prescribed person” have the same meaning as in section 250 of this Act.
S. 253 in force at 1.9.2004 for specified purposes by S.S.I. 2004/367, art. 2, Sch. 1