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

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Number 46 of 2022


ASSISTED DECISION-MAKING (CAPACITY) (AMENDMENT) ACT 2022


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Definitions

3. Repeals

PART 2

Amendment of Principal Act

4. Amendment of section 2 of Principal Act

5. Amendment of section 4 of Principal Act

6. Insertion of new section 4A into Principal Act

7. Amendment of section 8 of Principal Act

8. Amendment of section 9 of Principal Act

9. Amendment of section 10 of Principal Act

10. Amendment of section 11 of Principal Act

11. Amendment of section 13 of Principal Act

12. Amendment of section 14 of Principal Act

13. Amendment of section 15 of Principal Act

14. Insertion of new section 15A into Principal Act

15. Amendment of section 16 of Principal Act

16. Amendment of section 17 of Principal Act

17. Amendment of section 18 of Principal Act

18. Amendment of section 20 of Principal Act

19. Amendment of section 21 of Principal Act

20. Amendment of section 22 of Principal Act

21. Amendment of section 24 of Principal Act

22. Amendment of section 25 of Principal Act

23. Amendment of section 26 of Principal Act

24. Amendment of section 27 of Principal Act

25. Amendment of section 28 of Principal Act

26. Amendment of section 29 of Principal Act

27. Amendment of section 30 of Principal Act

28. Amendment of section 31 of Principal Act

29. Insertion of new section 31A into Principal Act

30. Amendment of section 36 of Principal Act

31. Amendment of section 38 of Principal Act

32. Amendment of section 39 of Principal Act

33. Amendment of section 40 of Principal Act

34. Amendment of section 41 of Principal Act

35. Amendment of section 42 of Principal Act

36. Amendment of section 43 of Principal Act

37. Amendment of section 44 of Principal Act

38. Amendment of section 45 of Principal Act

39. Amendment of section 46 of Principal Act

40. Amendment of section 47 of Principal Act

41. Amendment of section 50 of Principal Act

42. Amendment of section 52 of Principal Act

43. Amendment of section 54 of Principal Act

44. Insertion of new section 54A into Principal Act

45. Amendment of section 55 of Principal Act

46. Insertion of new section 55A into Principal Act

47. Amendment of section 56 of Principal Act

48. Insertion of new section 57A into Principal Act

49. Amendment of section 58 of Principal Act

50. Insertion of new sections 58A and 58B into Principal Act

51. Amendment of section 59 of Principal Act

52. Amendment of section 60 of Principal Act

53. Amendment of section 65 of Principal Act

54. Amendment of section 66 of Principal Act

55. Amendment of section 67 of Principal Act

56. Amendment of section 68 of Principal Act

57. Amendment of section 69 of Principal Act

58. Amendment of section 71 of Principal Act

59. Insertion of new sections 71A to 71D into Principal Act

60. Amendment of section 72 of Principal Act

61. Amendment of section 73 of Principal Act

62. Insertion of new section 73A into Principal Act

63. Amendment of section 74 of Principal Act

64. Amendment of section 75 of Principal Act

65. Amendment of section 76 of Principal Act

66. Amendment of section 77 of Principal Act

67. Amendment of section 78 of Principal Act

68. Amendment of section 79 of Principal Act

69. Insertion of new section 79A into Principal Act

70. Amendment of section 80 of Principal Act

71. Amendment of section 81 of Principal Act

72. Amendment of section 82 of Principal Act

73. Amendment of section 84 of Principal Act

74. Amendment of section 85 of Principal Act

75. Amendment of section 88 of Principal Act

76. Amendment of section 89 of Principal Act

77. Amendment of section 92 of Principal Act

78. Amendment of section 95 of Principal Act

79. Insertion of new sections 95A and 95B into Principal Act

80. Amendment of section 96 of Principal Act

81. Insertion of new sections 96A and 96B into Principal Act

82. Amendment of section 97 of Principal Act

83. Amendment of section 98 of Principal Act

84. Amendment of section 99 of Principal Act

85. Amendment of section 100 of Principal Act

86. Amendment of section 101 of Principal Act

87. Amendment of section 102 of Principal Act

88. Amendment of section 103 of Principal Act

89. Amendment of section 107 of Principal Act

90. Amendment of section 108 of Principal Act

91. Amendment of section 136 of Principal Act

92. Amendment of section 139 of Principal Act

93. Amendment of section 143 of Principal Act

94. Amendment of section 145 of Principal Act

95. Amendment of section 146 of Principal Act

PART 3

Amendments to Other Enactments

96. Amendment of Juries Act 1976

97. Amendment of Electoral Act 1992

98. Provisions regarding Courts and Court Officers Act 1995

99. Provisions regarding Credit Union Act 1997

100. Provisions regarding National Disability Authority Act 1999

101. Amendment of Disability Act 2005

102. Amendment of Nursing Homes Support Scheme Act 2009

103. Amendment of Irish Human Rights and Equality Commission Act 2014

104. Amendment of section 42 of Freedom of Information Act 2014


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Assisted Decision-Making (Capacity) Act 2015 (No. 64)

Carer’s Leave Act 2001 (No. 19)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Courts and Court Officers Act 1995 (No. 31)

Credit Union Act 1997 (No. 15)

Credit Union Acts 1997 to 2020

Criminal Law (Insanity) Act 2006 (No. 11)

Data Protection Act 2018 (No. 7)

Data Sharing and Governance Act 2019 (No. 5)

Disability Act 2005 (No. 14)

Electoral Act 1992 (No. 23)

Ethics in Public Office Acts 1995 and 2001

Freedom of Information Act 2014 (No. 30)

Garda Síochána Act 2005 (No. 20)

Irish Human Rights and Equality Commission Act 2014 (No. 25)

Juries Act 1976 (No. 4)

Lunacy Regulation (Ireland) Act 1871 (34 & 35 Vict., c. 22)

Maternity Protection Acts 1994 and 2004

Mental Health Acts 2001 to 2018

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Disability Authority Act 1999 (No. 14)

Nursing Homes Support Scheme Act 2009 (No. 15)

Organisation of Working Time Act 1997 (No. 20)

Parent’s Leave and Benefit Act 2019 (No. 35)

Parental Leave Acts 1998 to 2019

Paternity Leave and Benefit Act 2016 (No. 11)

Powers of Attorney Act 1996 (No. 12)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Redundancy Payments Acts 1967 to 2014

Succession Act 1965 (No. 27)

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015

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Number 46 of 2022


ASSISTED DECISION-MAKING (CAPACITY) (AMENDMENT) ACT 2022


An Act to give further effect to the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006; for that and other purposes to amend the Assisted Decision-Making (Capacity) Act 2015 ; to amend the Juries Act 1976 , the Electoral Act 1992 , the Courts and Court Officers Act 1995 , the Credit Union Act 1997 , the National Disability Authority Act 1999 , the Disability Act 2005 , the Nursing Homes Support Scheme Act 2009 , the Irish Human Rights and Equality Commission Act 2014 and the Freedom of Information Act 2014 ; and to provide for related matters.

[17th December, 2022]

Be it enacted by the Oireachtas as follows: