Assisted Decision-Making (Capacity) (Amendment) Act 2022
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Amendment of section 56 of Principal Act | ||
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47. Section 56 of the Principal Act is amended by the insertion of the following subsections after subsection (2): | ||
“(3) Notwithstanding its repeal by section 7(2), the Lunacy Regulation (Ireland) Act 1871 shall remain in force on and after the date of the coming into operation of this Part with regard to any proceedings in being on that date that were initiated under that Act before that date. | ||
(4) Subsections (1) and (2) shall apply to the proceedings referred to in subsection (3), or to an order made in such proceedings, as they apply to an order made before the coming into operation of this Part. | ||
(5) When, in proceedings referred to in subsection (3), the wardship court makes an order by virtue of which a person becomes a ward, it may in those proceedings and notwithstanding section 54, also make a declaration under section 55(1) in respect of the ward and the relevant provisions of the said section 55 shall then apply accordingly. | ||
(6) Nothing in this section shall prevent— | ||
(a) the appointment of a decision-making assistant under section 10 by, | ||
(b) the appointment of a co-decision-maker under section 17 by, | ||
(c) an application to the court under Part 5 in respect of, | ||
(d) the registration of an enduring power under the Act of 1996 under section 10 of that Act that was executed by, or | ||
(e) the registration of an enduring power under the Act of 1996, in accordance with regulations made under section 81(1A)(b), that was executed by, | ||
a person the subject of proceedings referred to in subsection (3). | ||
(7) Where— | ||
(a) an appointment referred to in subsection (6)(b) is made, | ||
(b) a person is appointed as a decision-making representative pursuant to an application under Part 5 referred to in subsection (6)(c), | ||
(c) an enduring power under the Act of 1996 is registered as referred to in paragraphs (d) or (e) of subsection (6), | ||
the proceedings referred to in subsection (3) shall be withdrawn as soon as practicable.”. |