S.I. No. 192/2023 - Assisted decision-making (Capacity) Act 2015 (Commencement) Order 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2023.

I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by section 1 (2) of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015) and the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No. 436 of 2020 ) (as adapted by the Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 437 of 2020 )), after consultation with the Minister for Health, hereby order as follows:

1. This Order may be cited as the Assisted Decision-Making (Capacity) Act 2015 (Commencement) Order 2023.

2. The 26th day of April 2023 is appointed as the day on which the following provisions, insofar as they do not relate to an advance healthcare directive or a designated healthcare representative or both, of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015) 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.

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GIVEN under my Official Seal,

26 April, 2023.

RODERIC O’GORMAN,

Minister for Children, Equality, Disability, Integration and Youth.