108When CMP ceases to be CMP

### 108 When CMP ceases to be CMP > > (1)  A person (the ***relevant person***) ceases to be a person’s CMP if – > > > > > > (a) the relevant person dies; or > > > > > > > (b) the relevant person ceases to be able to carry out the functions of a CMP by reason of loss of mental or physical capacity; or > > > > > > > (c) the relevant person ceases to be an authorised medical practitioner in relation to the person; or > > > > > > > (d) the person’s PMP is – > > > > > > > > > > (i) a member of the family of the relevant person; or > > > > > > > > > > > (ii) employed by, contracted directly or indirectly by, or working under the supervision of, the relevant person; or > > > > > > > > > > > (iii) a person who is the employer of, has a direct or indirect contract with, or is a supervisor of, the relevant person; or > > > > > > > (e) the relevant person notifies the Commission under [subsection (2)](#GS108@Gs2@EN) ; or > > > > > > > (f) the voluntary assisted dying process ends in relation to the person under [section 51](#GS51@EN) and the relevant person has complied with [section 50(1)](#GS50@Gs1@EN) ; or > > > > > > > (g) the voluntary assisted dying process ends in relation to the person under [section 103(3)](#GS103@Gs3@EN) ; or > > > > > > > (h) the person in relation to whom the person is a CMP dies; or > > > > > > > (i) the relevant person is notified by the PMP under [section 16(4)(c)](#GS16@Gs4@Hpc@EN) or [section 16(6)(b)](#GS16@Gs6@Hpb@EN) that the person no longer wishes to access voluntary assisted dying. > > > (2)  A person’s CMP may, at any time before the CMP makes a determination under [section 47](#GS47@EN) in relation to the person, notify, in writing – > > > > > > (a) the person’s PMP, if any; and > > > > > > > (b) the Commission – > > > > that the medical practitioner is to cease to be the person’s CMP. > > > (3)  A person’s PMP may, in writing, advise a medical practitioner who is the person’s CMP that the medical practitioner has ceased to be the person’s CMP in relation to the person. > > > (4)  A person’s PMP must not advise a medical practitioner under [subsection (3)](#GS108@Gs3@EN) that the medical practitioner has ceased to be the person’s CMP unless the person’s CMP has not made a determination under [section 47](#GS47@EN) in relation to a person within the later of the following periods: > > > > > > (a) 14 days after the request was received; > > > > > > > (b) 14 days after any information that the CMP requested the PMP under [section 44](#GS44@EN) to give was given to the CMP – > > > > unless, in the opinion of the PMP, the person is likely to die within 7 days or is likely to cease to have decision-making capacity within 48 hours. > > > (5)  A person’s CMP – > > > > > > (a) must, after ceasing to be an authorised medical practitioner in relation to the person, issue all the notices referred to in [subsection (2)](#GS108@Gs2@EN) as soon as reasonably practicable, but in any case within 7 days; and > > > > > > > (b) may, for any other reason, issue all the notices required to be issued under [subsection (2)](#GS108@Gs2@EN) . > > > (6)  The person’s PMP must, within 7 days of giving advice under [subsection (3)](#GS108@Gs3@EN) to a medical practitioner who is the person’s CMP, notify the Commission in writing that the medical practitioner has ceased to be the person’s CMP.