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Insertion of new section 15A into Principal Act
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14. The Principal Act is amended by the insertion of the following section after section 15:
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“Offence in relation to decision-making assistance agreement
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15A. (1) A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke a decision-making assistance agreement commits an offence and shall be liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both.
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(2) The reference in subsection (1) to coercion or undue influence includes any case where a person’s access to, or continued stay in, a designated centre or mental health facility is contingent (whether in whole or in part) on the person having to, or being led to believe that he or she has to, make, vary or revoke a decision-making assistance agreement.”.
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