S.I. No. 194/2023 - Assisted decision-making (Capacity) (Amendment) Act 2022 (Commencement) (No. 2) 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 (5) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (No. 46 of 2022), after consultation with the Minister for Health, hereby order as follows:

1. This Order may be cited as the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 2) Order 2023.

2. In this Order “Act of 2015” 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 the following provisions of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (No. 46 of 2022) shall come into operation:

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

(b) Part 2, other than –

(i) paragraphs (a) and (b) of section 4,

(ii) section 7(c) insofar as it relates to the insertion of subparagraph (iii) into section 8(7)(d) of the Act of 2015,

(iii) section 30(b),

(iv) section 44 insofar as it relates to the insertion of subsections (1) and (2) of section 54A into the Act of 2015,

(v) section 68 insofar as it relates to the insertion of section 79(2)(c) into the Act of 2015,

(vi) section 71(b),

(vii) sections 72 to 77,

(viii) section 85, and

(ix) section 88(d);

(c) Part 3, insofar as it is not already in operation, other than paragraphs (b) and (c) of subsection (1) of, and subsection (2) of, section 100.

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GIVEN under my Official Seal,

26 April, 2023.

RODERIC O’GORMAN,

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