Assisted Decision-Making (Capacity) Act 2015

45

Register of decision-making representation orders

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

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

(3) F58[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 by the Minister for this purpose, and

(b) a person who satisfies the Director that he or she has a legitimate interest in F58[inspecting those details of the Register].

(4) The Director may issue an authenticated copy of a decision-making representation order, F58[or part thereof, or, where applicable, any variations to the order or part thereof,] on the Register on payment of a fee prescribed by regulations made by the Minister to—

(a) a body or class of persons prescribed by regulations made by the Minister for this purpose, and

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

F59[(5) An authenticated copy of a decision-making representation order or part thereof, or, where applicable, any variations to the order 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 order or part thereof, or where applicable, of any variations to the order or part thereof, as at the date and time indicated on the stamp.

(6) The Director shall keep a record of any body or person that has inspected the Register or received an authenticated copy of a decision-making representation order, or part thereof, or where applicable, of any variations to the order or part thereof, from him or her.]

Annotations:

Amendments:

F58

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 38(a)(i), (ii), (b), S.I. No. 194 of 2023.

F59

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 38(c),S.I. No. 194 of 2023.

Editorial Notes:

E23

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).

E24

Power pursuant to subs. (4) exercised (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (Fees) Regulations 2023 (S.I. No. 202 of 2023).