9. For the purposes of rules 2(2), 3(3) and 8(1), a person may be a witness or make an attestation in respect of a nomination or notice of revocation if —
(a)
the person is an employee of the Board and (in the case of a nomination) does not take any benefit under the nomination; or
(b)
the person —
(i)
in the case of a nomination, does not take any benefit under the nomination;
(ii)
does not lack capacity within the meaning of section 4 of the Mental Capacity Act (Cap. 177A); and