Part 17Patient representation etc.

Chapter 1Named person

Meaning of “named person”

I1254Meaning of “nearest relative”

1

In this Act, “nearest relative”, in relation to a person (the “relevant person”), means—

a

subject to subsection (3) below, in a case where only one person falls within the list set out in subsection (2) below, that person;

b

subject to subsections (3) and (4) below, in a case where two or more persons fall within that list, the person falling within the paragraph first appearing in the list set out in subsection (2) below.

2

The list mentioned in subsection (1) above is—

a

the relevant person’s spouse;F5or civil partner

b

a person such as is mentioned in subsection (7) below;

c

the relevant person’s child;

d

the relevant person’s parent;

e

the relevant person’s brother or sister;

f

the relevant person’s grandparent;

g

the relevant person’s grandchild;

h

the relevant person’s uncle or aunt;

i

the relevant person’s niece or nephew;

j

the person mentioned in subsection (8) below.

3

If the relevant person’s spouseF6or civil partner—

a

is permanently separated (either by agreement or under an order of a court) from the relevant person; or

b

has deserted, or has been deserted by, the relevant person and the desertion continues,

subsection (2)(a) above shall be disregarded for the purposes of subsection (1) above.

4

Where two or more persons fall within the paragraph first appearing on the list set out in subsection (2) above, the nearest relative shall be—

a

if those persons agree that one of them should be the nearest relative, that person; or

b

if those persons do not so agree, the person determined in accordance with the following rules—

i

brothers and sisters of the whole blood shall be preferred over brothers and sisters of the half-blood; and

ii

the elder or eldest, as the case may be, shall be preferred.

5

A relevant person’s nearest relative may decline to be the named person of the relevant person by giving notice to—

a

the relevant person; and

b

the local authority for the area in which the relevant person resides,

to that effect.

6

For the purposes of subsection (2) above—

a

a relationship of the half-blood shall, subject to subsection (4)(b)(i) above, be treated as a relationship of the whole blood;

b

the stepchild of a person shall be treated as the child of that person;

c

if the relevant person is ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man, any person who is not so resident shall be disregarded; and

d

any person who is under 16 years of age shall be disregarded.

7

The person referred to in subsection (2)(b) above is a person who—

a

is living with the relevant person—

i

as husband and wife; or

ii

in a relationship which has the characteristics of the relationship between F7civil partners; and

b

has been living with the relevant person for a period of at least 6 months or, if the relevant person is for the time being in hospitalF1or in a care home service, had been living with the relevant person for such period when the relevant person was admitted to hospitalF2or to a care home service.

8

The person referred to in subsection (2)(j) above is a person who—

a

is living with the relevant person and has been living with the relevant person for a period of at least 5 years; or

b

if the relevant person is in hospitalF3or in a care home service, had been living with the relevant person for such period when the relevant person was admitted to hospitalF4or to a care home service.