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

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Amendment of section 55 of Principal Act

45. Section 55 of the Principal Act is amended—

(a) in subsection (2)—

(i) by the substitution of “person the subject of the declaration be” for “former ward be”, and

(ii) by the substitution of “that person.” for “the former ward.”,

(b) in subsection (3)—

(i) by the substitution of “person the subject of the declaration be” for “former ward be”, and

(ii) by the substitution of “that person.” for “the former ward.”,

(c) in subsection (4)—

(i) by the substitution of “wardship court makes” for “court makes”,

(ii) in paragraph (a), by the substitution of “person the subject of the declaration after his or her discharge from wardship” for “former ward”,

(iii) in paragraph (b), by the substitution of “person the subject of the declaration after his or her discharge from wardship” for “former ward”,

(iv) in paragraph (i), by the substitution of “such orders and give such directions” for “such orders”, and

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

“(ii) discharge the ward from wardship upon the appointment of a decision-making representative in respect of him or her, and

(iii) order that the property of the person the subject of the discharge under paragraph (ii) be returned to him or her upon the appointment of a decision-making representative in respect of him or her.”,

(d) in subsection (5)—

(i) in paragraph (a), by the substitution of “such orders and give such directions” for “such orders”, and

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

“(b) discharge the ward from wardship upon the appointment of a decision-making representative in respect of him or her, and

(c) order that the property of the person the subject of the discharge from wardship under paragraph (b) be returned to him or her upon the appointment of a decision-making representative in respect of him or her.”,

and

(e) by the insertion of the following subsections after subsection (5):

“(6) Where the wardship court is making an order or giving a direction under Part 5, to which subsection (4)(i) or subsection (5)(a) refers, subsections (4) to (12) and subsection (14) of section 38 shall apply with any necessary modifications, and as if the ward, or the person the subject of a discharge from wardship under subsection (4)(ii) or (5)(b), as the case may be, were a relevant person.

(7) Sections 39 to 44 and sections 46 and 47 shall apply to decision-making representatives appointed, or to be appointed, by a wardship court under Part 5 as they apply to decision-making representatives appointed, or to be appointed, by a court under Part 5.

(8) A reference in section 45 to a decision-making representation order includes a reference to a decision-making representation order made by a wardship court.”.