PART 3NOMINATED PERSON
Declarations etc
77Declaration that particular person not to be nominated person
1
A person who is 16 or over and has capacity to do so (“the declarer”) may make a declaration—
a
stating that a person specified in the declaration is not to be the declarer’s nominated person;
b
specifying two or more persons and stating that neither (or none) of them is to be the declarer’s nominated person;
c
stating that no person of a description specified in the declaration is to be the declarer’s nominated person.
2
Where a declaration has been made under subsection (1) and has not been revoked, any person who is specified, or of a description specified, in the declaration—
a
is to be disregarded in determining who is the default nominated person for the declarer under sections 73 to 76; and
b
may not be appointed by the Tribunal under section 81 as the declarer’s nominated person (subject to subsection (3)).
3
Subsection (2)(b) does not apply where there has been a change of circumstances since the declaration was made that, in the Tribunal’s opinion, justifies appointing the person concerned.
4
A declaration under this section remains effective even where, at a time after making the declaration, the declarer no longer has capacity to make decisions about the declaration.
5
A declaration under this section may be revoked by the declarer at any time when the declarer has capacity to do so.
6
A declaration, or revocation of a declaration, under this section is valid only if it is in writing and the conditions of section 79 (formalities) are met.
78Notice declining to be a person’s nominated person
1
A person may at any time decline to be the default nominated person for another person (“P”) by giving notice in writing to that effect to P.
2
A person who has given notice under subsection (1) may at any time withdraw the notice by giving a further notice in writing to P.