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Formal Consolidation | 2006 RevEd
Application to revoke nomination
7.—(1) A nomination made under rule 2 by both parties to a marriage may be revoked, on the application of either party, if —
(a)
the marriage is dissolved; or
(b)
the Board is satisfied that either or both parties are —
(i)
physically or mentally incapacitated —
(A)
from ever continuing in any employment; or
(B)
in such other manner as the Minister may approve;
(ii)
of unsound mind;
(iii)
suffering from a medical condition leading to a severely impaired life expectancy; or
(iv)
suffering from a terminal illness or disease.
(2) An application under paragraph (1) shall be made in such form as the Board may require.
Informal Consolidation | Amended S 123/2010
Application to revoke nomination
7.—(1) Subject to paragraph (3), a nomination under rule 2 made in respect of both parties to a marriage may be revoked, on the application of either party, if —
(a)
the marriage is dissolved; or
(b)
the Board is satisfied that either or both parties are —
(i)
physically or mentally incapacitated —
(A)
from ever continuing in any employment; or
(B)
in such other manner as the Minister may approve;
(ii)
mentally disordered and incapable of managing himself or themselves, or his or their affairs;
[S 123/2010 wef 01/03/2010]
(iii)
suffering from a medical condition leading to a severely impaired life expectancy; or
(iv)
suffering from a terminal illness or disease.
[S 123/2010 wef 01/03/2010]
(2) An application under paragraph (1) shall be made in such form as the Board may require.
(3) Where either party to a marriage (referred to in this paragraph as the relevant party) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), a nomination under rule 2 made in respect of both parties to the marriage may be revoked, without an application under paragraph (1), if —
(a)
any ground for the revoking of the nomination specified in paragraph (1)(a) or (b)(i), (ii), (iii) or (iv) is satisfied;
(b)
the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 providing for the revoking, on the relevant party’s behalf, of the nomination; and
(c)
a copy of the order (sealed with the official seal of the court) is received by the Board during the lifetime of the relevant party.