{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-85",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-85.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/85",
  "kind": "section",
  "number": "85",
  "heading": "Determining who is nominated person",
  "text": "(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.\n(2) The actions referred to in subsection (1) are—\n(a) the appointment of a person as P's nominated person;\n(b) the revocation of such an appointment;\n(c) a declaration by P that a particular person is not to be P's default nominated person;\n(d) any other action under Part 3 which would affect whether P has a nominated person or who P's nominated person is.\n(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)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/85",
    "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."
}