Assisted Decision-Making (Capacity) Act 2015
Short title and commencement
1. (1) This Act may be cited as the Assisted Decision-Making (Capacity) Act 2015.
(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister, after consultation with the Minister for Health, may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.
(3) Part 8 and the other provisions of this Act in so far as they relate to an advance healthcare directive or designated healthcare representative, or both, shall come into operation on such day or days as the Minister for Health, after consultation with the Minister, may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.
Annotations
Editorial Notes:
E1
Note: commencement dates ordered by section are available at https://www.irishstatutebook.ie/eli/isbc/2015_64.html#commencement.
E2
Power pursuant to subs. (3) exercised (26.04.2023) by Assisted decision-making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023 (S.I. No. 193 of 2023).
3. The 26th day of April 2023 is appointed as the day on which Part 8 of the Principal Act, insofar as it is not already in operation, shall come into operation, other than section 93.
4. The 26th day of April 2023 is appointed as the day on which the following provisions, insofar as they relate to an advance healthcare directive or a designated healthcare representative or both, of the Principal Act 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.
E3
Power pursuant to subs. (2) exercised (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (Commencement) Order 2023 (S.I. No. 192 of 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.
E4
Power pursuant to subs. (2) exercised (1.02.2021) by Assisted Decision-Making (Capacity) Act 2015 (Section 7(1)) (Commencement) Order 2021 (S.I. No. 24 of 2021).
2. The 1st day of February 2021 is appointed as the day on which section 7(1) of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015) shall come into operation.
E5
Power pursuant to subs. (3) exercised (17.12.2018) by Assisted Decision Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018 (S.I. No. 527 of 2018).
2. The 17th day of December 2018 is appointed as the day on which section 91 of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015), insofar as it is not already in operation, comes into operation.
E6
Power pursuant to subs. (3) exercised (17.10.2016) by Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2018).
2. The 17th day of October 2016 is appointed as the day on which the following provisions of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015) shall come into operation:
(a) the definition of “Minister” in section 82;
(b) the definitions of “code of practice” and “working group” in section 91(1);
(c) section 91(2).
E7
Power pursuant to subs. (2) exercised (17.10.2016) by Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016).
2. The 17th day of October 2016 is appointed as the day on which the following provisions of the Assisted Decision-Making (Capacity) Act 2015(No. 64 of 2015) shall come into operation:
(a) Part 1, other than sections 3, 4 and 7;
(b) Part 9, other than section 96, section 102 and Chapter 3.