{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-77",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-77.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "section/77",
  "kind": "section",
  "number": "77",
  "heading": "Declaration that particular person not to be nominated person",
  "text": "(1) A person who is 16 or over and has capacity to do so (“the declarer”) may make a declaration—\n(a) stating that a person specified in the declaration is not to be the declarer's nominated person;\n(b) specifying two or more persons and stating that neither (or none) of them is to be the declarer's nominated person;\n(c) stating that no person of a description specified in the declaration is to be the declarer's nominated person.\n(2) Where a declaration has been made under subsection (1) and has not been revoked, any person who is specified, or of a description specified, in the declaration—\n(a) is to be disregarded in determining who is the default nominated person for the declarer under sections 73 to 76; and\n(b) may not be appointed by the Tribunal under section 81 as the declarer's nominated person (subject to subsection (3)).\n(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.\n(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.\n(5) A declaration under this section may be revoked by the declarer at any time when the declarer has capacity to do so.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 77 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/77",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}