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

Amendment of section 96 of Principal Act

80. Section 96 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) This section shall apply to an investigation carried out by the Director under section 15, 30, 47, 76 or 88(4) and a reference in this section to an investigation is a reference to an investigation to which this section applies.”,

(b) in subsection (2), by the substitution of “The Director may, when conducting an investigation” for “The Director may, to enable him or her to perform his or her functions under subsection (1)”,

(c) in subsection (4), by the substitution of “complaints, or of investigations on his or her own initiative,” for “complaints”,

(d) in subsection (5), by the substitution of “complaints, or to investigations on his or her own initiative,” for “complaints”,

(e) in subsection (7), by the substitution of the following paragraph for paragraph (b):

“(b) hinders or obstructs—

(i) the Director in the carrying out of an investigation, or

(ii) one or more of the Director’s staff to whom the Director has delegated one or more functions under section 98(2) with regard to the carrying out of an investigation,”,

and

(f) by the insertion of the following subsections after subsection (7):

“(8) The Director may, if he or she thinks fit, pay to a witness summoned to attend before the Director under subsection (2)—

(a) sums in respect of travelling and subsistence expenses properly incurred by the witness, or

(b) allowances by way of compensation for loss of his or her time,

that shall be calculated in accordance with such guidance and be paid subject to such conditions as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.

(9) In this section, ‘investigation’ includes a review referred to in sections 15(1A), 30(1A), 47(1A), 76(2A) and 88(4)(b)(i).”.