Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of section 24 of Principal Act

21. Section 24 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “in such form as shall be specified under section 31A” for “in such form”,

(b) in subsection (3)—

(i) in paragraph (i), by the substitution of “notify the appointer, the co-decision‑maker and the person who made the objection” for “notify the person who made the objection”, and

(ii) by the substitution of the following paragraph for paragraph (ii):

“(ii) where he or she is of the view that the objection is well founded, notify the appointer, the co-decision-maker and the person who made the objection of his or her decision and refuse to register the co-decision-making agreement.”,

(c) by the deletion of subsection (4),

(d) by the substitution of the following subsection for subsection (5):

“(5) A person who has been notified under subsection (3) of the Director’s decision may, not later than 21 days after the date of issue of the notification by the Director, appeal the decision concerned to the court.”,

and

(e) by the substitution of the following paragraphs for paragraphs (a) and (b) of subsection (6):

“(a) where the Director has made a decision to which subsection (3)(i) refers—

(i) declare that the objection is well founded and require the Director to remove the co-decision-making agreement concerned from the Register, or

(ii) affirm the decision of the Director,

(b) where the Director has made a decision to which subsection (3)(ii) refers—

(i) declare that the objection is not well founded and require the Director to proceed to consider, in accordance with section 22, whether the co-decision-making agreement should be registered, taking the court’s declaration into account, or

(ii) affirm the decision of the Director and declare that the co-decision-making agreement should not be registered,

or”.