Assisted Decision-Making (Capacity) (Amendment) Act 2022
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Amendment of section 103 of Principal Act | ||
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88. Section 103 of the Principal Act is amended— | ||
(a) in subsection (2)— | ||
(i) in paragraph (i), by the substitution of “on supporting decision-making by relevant persons and, where appropriate, assessing” for “assessing”, | ||
(ii) by the insertion of the following paragraph after paragraph (x): | ||
“(xa) the guidance of committees and any other persons assisting a ward in court;”, | ||
and | ||
(iii) by the substitution of the following paragraph for paragraph (xi): | ||
“(xi) the guidance of other persons, including healthcare professionals, legal practitioners and financial service providers, in relation to their dealings with— | ||
(I) relevant persons, or | ||
(II) wards of court in relation to proceedings under Part 6;”, | ||
(b) in subsection (3)— | ||
(i) in paragraph (f), by the substitution of “professionals;” for “professionals.”, and | ||
(ii) by the insertion of the following paragraph after paragraph (f): | ||
“(g) persons who have a disability within the meaning of section 2 (1) of the Disability Act 2005 , their representative organisations, or any other persons with expertise in matters pertaining to disability.”, | ||
(c) in subsection (5)(a), by the deletion of “and the Minister for Health”, and | ||
(d) by the insertion of the following subsection after subsection (15): | ||
“(15A) To the extent that a code of practice published or approved of under subsection (2) is for the purposes of court friends, the provisions of the code shall, with all necessary modifications, apply to a person referred to in section 54A as ‘a court assistant’ in respect of a ward of court as those provisions apply to a court friend for a ward of court.”. |