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Amendment of section 38 of Principal Act
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31. Section 38 of the Principal Act is amended by the insertion of the following subsection after subsection (8):
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“(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—
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(a) in attaching any conditions under subsection (8)(c), take into account the application of section 41(3) to the decision-making representative, and
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(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.”.
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