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

Amendment of section 102 of Principal Act

87. Section 102 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) The Mental Health Commission shall cause a copy of a report submitted to it pursuant to subsection (1) to be forwarded to the Minister for Health and the Minister as soon as may be, but not later than 3 months after the date on which the Commission received the report.”,

(b) in subsection (3)—

(i) by the substitution of “Mental Health Commission shall” for “Director shall”,

(ii) by the substitution of “Minister and the Minister for Health” for “Mental Health Commission”, and

(iii) in paragraph (c), by the substitution of “Mental Health Commission considers would improve the effectiveness of the Director” for “Director thinks would improve his or her effectiveness”,

(c) by the deletion of subsection (4),

(d) in subsection (5), by the substitution of “Mental Health Commission shall submit to the Minister” for “Director shall submit to the Mental Health Commission”,

(e) in subsection (6)—

(i) by the deletion of “other”, and

(ii) by the substitution of “Commission, the Minister and” for “Commission and”, in both places it occurs,

and

(f) in subsection (7), by the deletion of “for Health”.