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

Amendment of section 38 of Principal Act

31. Section 38 of the Principal Act is amended by the insertion of the following subsection after subsection (8):

“(8A) Notwithstanding subsection (2)(b), the court, in making a decision-making representation order in the circumstances where subsection (1)(a) or section 55(4) applies, shall—

(a) in attaching any conditions under subsection (8)(c), take into account the application of section 41(3) to the decision-making representative, and

(b) make provision for the decision-making representation order to cease to have effect on the date of registration of a co-decision-making agreement in relation to the relevant person under Part 4.”.