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

Amendment of section 95 of Principal Act

78. Section 95 of the Principal Act is amended—

(a) in subsection (1), by the insertion of the following paragraph after paragraph (j):

“(ja) to make recommendations to the Minister for Health on any matter relating to the operation of Part 8;”,

(b) in subsection (3)—

(i) by the substitution of “Save where the Minister is empowered under this Act to prescribe fees by regulations, the Director” for “The Director”, and

(ii) by the substitution of “specify” for “prescribe by regulations”,

(c) in subsection (4), by the substitution of “specify” for “prescribe”, and

(d) by the substitution of the following subsection for subsection (5):

“(5) In carrying out his or her functions, the Director may—

(a) consult with any person who has any functions in relation to the care or treatment of a relevant person, and

(b) request information relating to the carrying out of functions under this Act from decision-making assistants, co-decision-makers, decision-making representatives, attorneys, designated healthcare representatives or relevant persons.”.