PART 3NOMINATED PERSON
Default nominated person
74Section 73: the list
1
This section contains provisions about the list in section 73(3) (“the list”).
2
A person within the list (“A”) is “higher” up the list than another person within the list (“B”) if A is within a paragraph of the list that comes before the paragraph which B is within.
3
Where—
a
two or more persons are within the same paragraph of the list, and
b
there is no person higher up the list,
the default nominated person is the older (or oldest) of those persons (but this is subject to subsections (5) and (6)).
4
In determining who is the default nominated person for P—
a
a stepchild of a person is to be treated as the child of that person; and
b
a relationship of the half-blood is to be treated as a relationship of the whole blood;
but this is subject to subsections (5) and (6).
5
Subsection (6) applies where—
a
P has two or more relatives within the same paragraph of the list (“the relevant paragraph”);
b
there is no person higher up the list; and
c
one or more of the relatives is within the relevant paragraph because of subsection (4).
6
In determining who is the default nominated person for P—
a
any relatives of the whole blood are to be preferred over the relatives who are within the relevant paragraph because of subsection (4);
b
any relatives of the half-blood are to be preferred over any relatives who are within the relevant paragraph because of subsection (4)(a).
7
This section is subject to section 75.