Mental Capacity Act (Northern Ireland) 2016

Section 73: the list N.I.

74—(1) This section contains provisions about the list in section 73(3) (“ the list”).

(2) A person within the list (“A”) is “higher” up the list than another person within the list (“B”) if A is within a paragraph of the list that comes before the paragraph which B is within.

(3) Where—

(a) two or more persons are within the same paragraph of the list, and

(b) there is no person higher up the list,

the default nominated person is the older (or oldest) of those persons (but this is subject to subsections (5) and (6)).

(4) In determining who is the default nominated person for P—

(a) a stepchild of a person is to be treated as the child of that person; and

(b) a relationship of the half-blood is to be treated as a relationship of the whole blood;

but this is subject to subsections (5) and (6).

(5) Subsection (6) applies where—

(a) P has two or more relatives within the same paragraph of the list (“the relevant paragraph”);

(b) there is no person higher up the list; and

(c) one or more of the relatives is within the relevant paragraph because of subsection (4).

(6) In determining who is the default nominated person for P—

(a) any relatives of the whole blood are to be preferred over the relatives who are within the relevant paragraph because of subsection (4);

(b) any relatives of the half-blood are to be preferred over any relatives who are within the relevant paragraph because of subsection (4)(a).

(7) This section is subject to section 75.

Commencement Information

I1 S. 74 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)