# Mental Capacity Act (Northern Ireland) 2016, Section 85: Determining who is nominated person


(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)).

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Source: https://www.legislation.gov.uk/nia/2016/18/section/85 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.