PART 3

NOMINATED PERSON

Powers of the Tribunal

Application to Tribunal for appointment of nominated person
80
1
A qualifying person may apply to the Tribunal for an order under section 81 in relation to a person who is 16 or over (“P”) if the qualifying person reasonably believes that—
a
P lacks capacity to make decisions about who should be his or her nominated person; and
b
one of the conditions mentioned in subsection (2) is met.
2
Those conditions are—
a
the person who is P's nominated person is not suitable to be so;
b
there is no-one who is P's nominated person;
c
it is not practicable to establish whether P has a nominated person;
d
someone is P's nominated person, but it is not practicable to establish who that is.
3
The factors that may be taken into account in determining whether a person is not suitable to be P's nominated person include whether the person has behaved, is behaving or proposes to behave in a way that is not in P's best interests.
4
An application may be made on the ground mentioned in subsection (2)(c) or (d) only if the applicant has taken reasonable steps to establish—
a
whether P has a nominated person; or (as the case may be)
b
who P's nominated person is.
5
In this section “a qualifying person” means any of the following—
a
an appropriate healthcare professional;
b
if P is an in-patient in a hospital or care home, the managing authority of the hospital or care home;
c
if P is living in a place of a prescribed description, a prescribed person;
d
an attorney under a lasting power of attorney, or an enduring power of attorney, granted by P;
e
a deputy appointed for P by the court;
f
any relative of P;
g
any person interested in P's welfare.
6
In this section “appropriate healthcare professional” means a person of a prescribed description.
7
Where the applicant is a person within subsection (5)(a) or (b), the applicant must send a copy of the application to RQIA as soon as practicable.
S. 80(1)-(4) (5)(a)-(c) (f)(g)(6)(7) 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)