36Certification of witness to signing of written declaration

36 Certification of witness to signing of written declaration (1) A witness who witnesses a person signing a written declaration must— (a) certify in writing in the declaration— (i) that, in the presence of the witness, the person making the declaration appeared to freely and voluntarily sign the declaration; and (ii) that, at the time the person signed the declaration, the person appeared to have decision-making capacity in relation to voluntary assisted dying; and (iii) that, at the time the person signed the declaration, the person appeared to understand the nature and effect of making the declaration; and (b) state that the witness is not knowingly an ineligible witness. (2) A witness who witnesses another person signing a written declaration on behalf of the person making it must— (a) certify in writing in the declaration— (i) that, in the presence of the witness, the person making the declaration appeared to freely and voluntarily direct the other person to sign the declaration; and (ii) that the other person signed the declaration in the presence of the person making the declaration and the witness; and (iii) that, at the time the other person signed the declaration, the person making it appeared to have decision-making capacity in relation to voluntary assisted dying; and (iv) that, at the time the other person signed the declaration, the person making it appeared to understand the nature and effect of making the declaration; and (b) state that the witness is not knowingly an ineligible witness. (3) A certification and statement under subsection (1) or (2) must be signed by the witness making it in the presence of the co-ordinating medical practitioner.