Assisted Decision-Making (Capacity) Act 2015

81

Transitional provisions

81. (1) Subject to F121[subsections (2) to (8) of section 76], this Part shall not apply to—

(a) an enduring power of attorney under the Act of 1996,

(b) an attorney under the Act of 1996, and

(c) a donor under the Act of 1996.

(2) From the date of commencement of this Part—

(a) a person shall not create an enduring power of attorney under the Act of 1996, and

(b) the Act of 1996 shall not apply to an enduring power of attorney created after that date.

Annotations:

Amendments:

F121

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 71(a), S.I. No. 194 of 2023.

F122

Inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 71(b), not commenced as of date of revision.

Modifications (not altering text):

C8

Prospective affecting provision: subs. (1A) inserted by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 71(b), not commenced as of date of revision.

F122[(1A) Notwithstanding subsection (1), an application may, where the Minister has made regulations under paragraph (b), be made for the registration of an instrument creating an enduring power under the Act of 1996 that has not been registered under section 10 of that Act and—

(a) sections 68 and 69 shall not apply in relation to the application,

(b) the Minister may make regulations to provide for the registration process for the instrument, and to specify any requirements for registration, and

(c) the Director may waive any or all fees under this Part in connection with that registration.]