Assisted Decision-Making (Capacity) (Amendment) Act 2022
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Amendment of section 85 of Principal Act | ||
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74. Section 85 of the Principal Act is amended— | ||
(a) by the deletion of subsection (6), and | ||
(b) in subsection (7), by the substitution of the following paragraph for paragraph (a): | ||
“(a) Subject to subsections (1) to (5) and paragraph (b), an advance healthcare directive shall, insofar as provided for by this Part, be complied with unless, at the time when it is proposed to treat the directive-maker— | ||
(i) his or her treatment is regulated by Part 4 of the Act of 2001, other than where he or she is detained under that Act on the grounds that he or she is suffering from a mental disorder within the meaning of section 3(1)(b) of that Act, or | ||
(ii) he or she is the subject of a conditional discharge order under section 13A of the Criminal Law (Insanity) Act 2006 , | ||
and sections 56, 57, 59 and 60 of the Act of 2001 shall be construed accordingly.”. |