Assisted Decision-Making (Capacity) Act 2015

25

Register of co-decision-making agreements

25. (1) The Director shall establish and maintain a Register (in this Part referred to as “the Register”) of co-decision-making agreements.

(2) The Register shall be in such form as the Director considers appropriate.

(3) F33[The Director shall make such details of the Register as he or she shall specify] available for inspection by—

(a) a body or class of persons prescribed by regulations made under section 31 for this purpose, and

(b) any person who satisfies the Director that he or she has a legitimate interest in F33[inspecting those details of the Register].

(4) The Director may issue an authenticated copy of a co-decision-making agreement, F33[or part thereof, or, where applicable, a varied co-decision-making agreement or part thereof], on the Register on payment of the prescribed fee to—

(a) a body or class of persons prescribed by regulations made under section 31 for this purpose, and

(b) a person who satisfies the Director that he or she has a legitimate interest in obtaining a copy.

F34[(4A) An authenticated copy of a co-decision-making agreement or part thereof, or, where applicable, of a varied co-decision-making agreement or part thereof, that is issued by the Director under subsection (4) and stamped by the Director with a time and date stamp (which may be by automated means), shall be evidence of the contents of the agreement or part thereof as at the date and time indicated on the stamp.]

(5) The Director shall keep a record of any body or person that has inspected the Register or received an authenticated copy of a co-decision-making agreement, F33[or part thereof, or, where applicable, a varied co-decision-making agreement or part thereof,] from him or her.

Annotations:

Amendments:

F33

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 22(a), (b), (d), S.I. No. 194 of 2023.

F34

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 22(c), S.I. No. 194 of 2023.