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There are currently no known outstanding effects for the Mental Capacity Act (Northern Ireland) 2016, Section 85.
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85—(1) Where a person (“D”) is determining for any purpose of this Act whether another person (“P”) has a nominated person or who P's nominated person is, then unless D has reason to believe that an action mentioned in subsection (2) has been taken, D may assume that that action has not been taken.
(2) The actions referred to in subsection (1) are—
(a)the appointment of a person as P's nominated person;
(b)the revocation of such an appointment;
(c)a declaration by P that a particular person is not to be P's default nominated person;
(d)any other action under Part 3 which would affect whether P has a nominated person or who P's nominated person is.
(3) For the purposes of this Act it is “practicable to establish” whether a person has a nominated person, or who a person's nominated person is, if it is practicable to form a reasonable belief about that matter (having regard to subsection (1)).
Commencement Information
I1S. 85 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)
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