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

Amendment of section 45 of Principal Act

38. Section 45 of the Principal Act is amended—

(a) in subsection (3)—

(i) by the substitution of “The Director shall make such details of the Register as he or she shall specify” for “The Director shall make the Register”, and

(ii) in paragraph (b), by the substitution of “inspecting those details of the Register” for “inspecting the Register”,

(b) in subsection (4), by the substitution of “or part thereof, or, where applicable, any variations to the order or part thereof,”, for “or part thereof,”, and

(c) by the insertion of the following subsections after subsection (4):

“(5) An authenticated copy of a decision-making representation order or part thereof, or, where applicable, any variations to the order or part thereof, that is issued by the Director under subsection (4) and stamped by the Director with a time and date stamp (which may be by automated means), shall be evidence of the contents of the order or part thereof, or where applicable, of any variations to the order or part thereof, as at the date and time indicated on the stamp.

(6) The Director shall keep a record of any body or person that has inspected the Register or received an authenticated copy of a decision-making representation order, or part thereof, or where applicable, of any variations to the order or part thereof, from him or her.”.