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

Amendment of section 81 of Principal Act

71. Section 81 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “subsections (2) to (8) of section 76” for “sections 76(2), 76(3), 76(4), 76(5), 76(6), 76(7) and 76(8)”, and

(b) by the insertion of the following subsection after subsection (1):

“(1A) Notwithstanding subsection (1), an application may, where the Minister has made regulations under paragraph (b), be made for the registration of an instrument creating an enduring power under the Act of 1996 that has not been registered under section 10 of that Act and—

(a) sections 68 and 69 shall not apply in relation to the application,

(b) the Minister may make regulations to provide for the registration process for the instrument, and to specify any requirements for registration, and

(c) the Director may waive any or all fees under this Part in connection with that registration.”.