S.I. No. 193/2023 - Assisted decision-making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2023.

I, STEPHEN DONNELLY, Minister for Health, in exercise of the powers conferred on me by section 1 (3) of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015), after consultation with the Minister for Children, Equality, Disability, Integration and Youth, hereby order as follows:

1. This Order may be cited as the Assisted Decision-Making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023.

2. In this Order “Principal Act” means the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015).

3. The 26th day of April 2023 is appointed as the day on which Part 8 of the Principal Act, insofar as it is not already in operation, shall come into operation, other than section 93.

4. The 26th day of April 2023 is appointed as the day on which the following provisions, insofar as they relate to an advance healthcare directive or a designated healthcare representative or both, of the Principal Act shall come into operation:

(a) Part 1, insofar as it is not already in operation;

(b) Part 2;

(c) Part 3;

(d) Part 4;

(e) Part 5, other than subsections (8) and (9) of section 36, subsections (5) to (8) of section 44, section 46(4) and section 52(d);

(f) Part 6, other than section 57;

(g) Part 7, other than section 61, section 62, section 70 and section 75(5);

(h) Part 9, insofar as it is not already in operation, other than section 100 and section 101(d);

(i) Part 10;

(j) Part 11;

(k) Part 12, other than section 144.

GIVEN under my Official Seal,

26 April, 2023.

STEPHEN DONNELLY,

Minister for Health.