4.—(1) This rule applies where a party to the marriage lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), and the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 in relation to the executing under section 15(6A) of the Act, on the party’s behalf, of a memorandum referred to in rule 3(a).
(2) The order must authorise a person (referred to in this rule as the authorised person) to execute the memorandum on the party’s behalf.
(3) Any nomination under rule 2 made on behalf of the party in pursuance of the order must —
(a)
be in Form 1A set out in the Schedule;
(b)
state that it is signed by the party acting by the authorised person;
(c)
be signed before 1st January 2013 by the authorised person with the names of the party and the authorised person, in the presence of 2 witnesses;
[S 698/2012 wef 01/01/2013]
(d)
contain an attestation made before 1st January 2013 by those witnesses to the signature of the authorised person on the nomination; and
[S 698/2012 wef 01/01/2013]
(e)
be sealed with the official seal of the court.
(4) A nomination under rule 2 made in accordance with this rule has the same effect for all purposes as if —
(a)
the party had the capacity to make a nomination under that rule and section 15(6A) of the Act; and
(b)
the nomination had been made by the party in accordance with rule 3.