55. (1) The wardship court, on an application being made to it under section 54(1),or pursuant to section 54(2) or (3), shall—

(a) declare that the ward does not lack capacity, or

(b) make one or more than one of the following declarations:

(i) that the ward lacks capacity, unless the assistance of a suitable person as a co-decision-maker is made available to him or her, to make one or more than one decision;

(ii) that the ward lacks capacity, even if the assistance of a suitable person as a co-decision-maker were made available to him or her.

(2) Where the wardship court makes a declaration pursuant to subsection (1)(a), it shall immediately discharge the ward from wardship and shall order that the property of the F71[person the subject of the declaration be] returned to him or her and give such directions as it thinks appropriate having regard both to the discharge and the circumstances of F71[that person.]

(3) Where the wardship court makes a declaration pursuant to subsection (1)(b)(i), it shall, on registration of a co-decision-making agreement, discharge the ward from wardship and shall order that the property of the F71[person the subject of the declaration be] returned to him or her and give such directions as it thinks appropriate having regard both to the discharge and the circumstances of the F71[that person.]

(4) Where the F71[wardship court makes] a declaration pursuant to subsection (1)(b)(i) but—

(a) there is no suitable person to act as co-decision-maker for the F71[person the subject of the declaration after his or her discharge from wardship], or

(b) a co-decision-making agreement in respect of the F71[person the subject of the declaration after his or her discharge from wardship] is not registered in accordance with Part 4 within a period set down by the wardship court,

the wardship court shall (subject to it allowing for any extension of the period set down by it)—

(i) as if it had made a declaration under subsection (1)(b)(ii), make F71[such orders and give such directions] under Part 5 as it considers appropriate as if the wardship court were the court under Part 5, and

F71[(ii) discharge the ward from wardship upon the appointment of a decision-making representative in respect of him or her, and

(iii) order that the property of the person the subject of the discharge under paragraph (ii) be returned to him or her upon the appointment of a decision-making representative in respect of him or her.]

(5) Where the wardship court makes a declaration pursuant to subsection (1)(b)(ii), it shall—

(a) make F71[such orders and give such directions] as it considers appropriate under Part 5 as if the wardship court were the court under Part 5, and

F71[(b) discharge the ward from wardship upon the appointment of a decision-making representative in respect of him or her, and]

F72[(c) order that the property of the person the subject of the discharge from wardship under paragraph (b) be returned to him or her upon the appointment of a decision-making representative in respect of him or her.]

F72[(6) Where the wardship court is making an order or giving a direction under Part 5, to which subsection (4)(i) or subsection (5)(a) refers, subsections (4) to (12) and subsection (14) of section 38 shall apply with any necessary modifications, and as if the ward, or the person the subject of a discharge from wardship under subsection (4)(ii) or (5)(b), as the case may be, were a relevant person.

(7) Sections 39 to 44 and sections 46 and 47 shall apply to decision-making representatives appointed, or to be appointed, by a wardship court under Part 5 as they apply to decision-making representatives appointed, or to be appointed, by a court under Part 5.

(8) A reference in section 45 to a decision-making representation order includes a reference to a decision-making representation order made by a wardship court.]