Assisted Decision-Making (Capacity) Act 2015

79

F117[Regulations - Part 7

79. (1) The Minister may make regulations for the purpose of giving this Part full effect.

(2) Without prejudice to the generality of subsection (1), the Minister shall, having regard to the requirements of this Part, prescribe by regulations the following matters:

(a) the class of healthcare professionals under sections 60(1)(c)(ii), 71A(2)(b)(ii) and 73A(2)(c)(ii);

(b) the bodies or classes of persons under subsections (3)(a) and (4)(a) of section 72 who may inspect the Register and receive an authenticated copy of an enduring power of attorney;

F118[(c) ...]

(d) the fees to be paid in connection with the operation of Part 7, including in connection with—

(i) an application to register an enduring power of attorney,

(ii) an objection to an application to register an enduring power of attorney,

(iii) a notification to the Director by an attorney under section 71A,

(iv) an objection under section 71B(1),

(v) the issue of an authenticated copy of an enduring power of attorney or part thereof under section 72(4),

(vi) the variation of an enduring power of attorney, and

(vii) the revocation of an enduring power of attorney,

and

(e) the circumstances in which the fees referred to in paragraph (d) may be waived by the Director.

(3) In prescribing the matters referred to in paragraphs (d) and (e) of subsection (2), the Minister shall take into account the nature of the matter for which the fee is being charged, the costs associated with that matter and the need to ensure the protection of the assets and funds of a donor.]

Annotations:

Amendments:

F117

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 68, S.I. No. 194 of 2023.

F118

Substituted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 68, not commenced as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: subs. (2)(c) inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 68, not commenced as of date of revision.

F118[(c) the safeguards that shall apply in relation to consent and data protection in the conduct of health and social care research involving relevant persons;]

Editorial Notes:

E27

Power pursuant to section exercised (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (Inspection of Registers and Receipt of Copies of Documents) Regulations 2023 (S.I. No. 206 of 2023).

E28

Power pursuant to subs. (2)(a) exercised (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (Prescribed Classes of Healthcare Professionals) Regulations 2023 (S.I. No. 204 of 2023).

E29

Power pursuant to subs. (2)(d), (e) exercised (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (Fees) Regulations 2023 (S.I. No. 202 of 2023).