21. (1) A co-decision-making agreement shall not enter into force until it has been registered in accordance with section 22.

(2) An application to register a co-decision-making agreement shall be made not later than 5 weeks from the date the agreement was signed, F27[in such form as shall be specified under section 31A] and accompanied by such fee as shall be prescribed by regulations made under section 31 and, subject to section 17(6), shall be signed by both the appointer and the co-decision-maker (in this section referred to as “the applicants”).

(3) The applicants shall, at the same time as making an application to register a co-decision-making agreement under this section, jointly give notice, in such form as shall be F27[specified under section 31A], of the application and give a copy of the co-decision-making agreement to the following persons:

(a) the spouse or civil partner (if any) of the appointer;

(b) the cohabitant (if any) of the appointer;

(c) any children of the appointer who have attained the age of 18 years;

(d) any decision-making assistant for the appointer;

(e) any decision-making representative for the appointer;

(f) any attorney for the appointer;

(g) any designated healthcare representative for the appointer;

(h) any co-decision-maker of the appointer under another co-decision-making agreement.

F28[(3A) Subsection (3)(a) shall not apply—

(a) in relation to the spouse of an appointer, where, at the time at which the application is made under subsection (2)—

(i) a decree of judicial separation has been granted to either the appointer or his or her spouse by a court in the State or any decree has been so granted by a court outside the State and is recognised in the State as having like effect,

(ii) a written agreement to separate has been entered into between the appointer and his or her spouse, or

(iii) subject to section 2(2), the appointer and his or her spouse have separated and have ceased to cohabit for a continuous period of 12 months,

and

(b) in relation to the civil partner of an appointer, where, at the time at which the application is made under subsection (2)—

(i) a written agreement to separate has been entered into between the appointer and his or her civil partner, or

(ii) subject to section 2(2), the civil partners have separated and have ceased to cohabit for a continuous period of not less than 12 months.

(3B) Subject to section 2(2), subsection (3)(b) shall not apply in relation to the cohabitant of an appointer where, at the time at which the application is made under subsection (2), the appointer and his or her cohabitant have separated and have ceased to cohabit for a continuous period of not less than 12 months.]

(4) An application under subsection (2) shall be accompanied by the following:

(a) the co-decision-making agreement;

(b) a statement by the appointer that he or she—

(i) understands the implications of entering into the co-decision-making agreement and has read and understands the information contained therein, or has had such information explained to him or her,

(ii) wishes to enter into the co-decision-making agreement with the co-decision-maker,

(iii) is aware that he or she may, with the consent of the co-decision-maker, vary the co-decision-making agreement, and

(iv) is aware that he or she may revoke the co-decision-making agreement;

(c) a statement by the co-decision-maker that he or she—

(i) understands the implications of entering into the co-decision-making agreement and has read and understands the information contained therein,

(ii) understands and undertakes to act in accordance with his or her functions as specified in the co-decision-making agreement,

(iii) understands and undertakes to act in accordance with the guiding principles,

(iv) understands and undertakes to comply with the reporting obligations under section 27, and

(v) understands the provisions of this Part relating to variation, revocation and nullity of co-decision-making agreements;

(d) a statement as to why the less intrusive measure of a decision-making assistance agreement was not chosen;

(e) details of any existing decision-making assistance agreement, co-decision-making agreement, decision-making order, decision-making representation order, power of attorney (whether an enduring power or otherwise and whether registered or not) or advance healthcare directive in respect of the appointer;

(f) a statement by a registered medical F27[practitioner or] a statement by such other healthcare professional of a class as shall be prescribed by regulations made under section 31 that in F27[his or her] opinion—

(i) the appointer has capacity to make a decision to enter into the co-decision- making agreement,

(ii) the appointer requires assistance in exercising his or her decision-making in respect of the relevant decisions contained in the co-decision-making agreement, and

(iii) the appointer has capacity to make the relevant decisions specified in the co-decision-making agreement with the assistance of the co-decision-maker;

(g) references, in such form as shall be F27[specified under section 31A], by 2 persons as to the personal character of the co-decision-maker;

(h) a copy of any notice given pursuant to subsection (3); and

(i) the appropriate fee, as prescribed by regulations under section 31.