Section 95 Formalities for declarations under Part 4

Not yet in force

(1)

This section applies to the making or revocation of a declaration under section 90 or 93.

(2)

For the purposes of section 90(3) or 93(4), the conditions of this section are met if—

(a)

the document containing the declaration or revocation is signed by the person making the declaration or revocation (“P”);

(b)

P's signature is witnessed by a person of a prescribed description; and

(c)

the person witnessing the signature certifies that, in his or her opinion, P—

(i)

understands the effect of the declaration or revocation; and

(ii)

has not been subjected to any undue pressure in relation to the declaration or revocation.

(3)

Regulations may make provision for subsection (2) to have effect with prescribed modifications where the person making or revoking the declaration is physically unable to make a signature.

Notes on Part 4

Modifications

C1: Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))