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

Amendment of section 29 of Principal Act

26. Section 29 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “specified under section 31A” for “prescribed by regulations made under section 31”,

(b) in subsection (3), by the substitution of “and each such signature” for “and, in the case of a revocation by the appointer, his or her signature”,

(c) in subsection (4), by the substitution of the following for “as the case may be”:

“as the case may be, and the notification, which shall be in such form as shall be specified under section 31A, shall be accompanied by the following:

(a) a statement in writing by the person making the revocation outlining his or her reasons for the revocation;

(b) if the appointer is the person making the revocation, a statement by a registered medical practitioner or a statement by such other healthcare professional as shall be prescribed by regulations made under section 31 that in his or her opinion, the appointer has capacity to revoke the co-decision-making agreement;

(c) details of the notice given pursuant to subsection (4A);

(d) information on any change in the details provided pursuant to section 21(4)(e) in the application to register the co-decision-making agreement;

(e) the appropriate fee, as prescribed by regulations made under section 31.”,

(d) by the insertion of the following subsection after subsection (4):

“(4A) The person making the revocation or revocation in part of a registered co-decision-making agreement shall, at the same time as notifying the Director under subsection (4), give notice of the revocation or revocation in part, in such form as shall be specified under section 31A, to the persons specified in section 21(3).”,

and

(e) in subsection (5)—

(i) by the substitution of “extent of the revocation.” for “extent of the revocation,”, and

(ii) by the deletion of “and in either case notify the persons specified in section 21(3) of the fact of the revocation or revocation in part, as the case may be.”.