Assisted Decision-Making (Capacity) Act 2015


Investigations by Director

96. F136[(1) This section shall apply to an investigation carried out by the Director under section 15, 30, 47, 76 or 88(4) and a reference in this section to an investigation is a reference to an investigation to which this section applies.]

(2) F136[The Director may, when conducting an investigation]

(a) summon witnesses to attend before him or her,

(b) examine on oath the witnesses attending before him or her,

(c) require any such witness to produce to him or her any document in the power or control of the witness,

(d) by notice in writing, require any person to provide him or her with such written information as the Director considers necessary to enable him or her to carry out his or her functions.

(3) The Director may investigate a complaint even though the person making the complaint may be entitled to bring proceedings in any court with respect to the matter complained of.

(4) The Director may seek resolution of F136[complaints, or of investigations on his or her own initiative,] in such manner (including by any informal means) as the Director considers appropriate and reasonable.

(5) The Director shall draw up procedures in relation to the making and investigation of F136[complaints, or to investigations on his or her own initiative,] as he or she considers appropriate and shall cause the procedures to be published.

(6) An investigation by the Director under this Act shall be conducted otherwise than in public.

(7) A person who—

(a) fails to comply with a requirement under this section,

F136[(b) hinders or obstructs—

(i) the Director in the carrying out of an investigation, or

(ii) one or more of the Director’s staff to whom the Director has delegated one or more functions under section 98(2) with regard to the carrying out of an investigation,]

shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

F137[(8) The Director may, if he or she thinks fit, pay to a witness summoned to attend before the Director under subsection (2)

(a) sums in respect of travelling and subsistence expenses properly incurred by the witness, or

(b) allowances by way of compensation for loss of his or her time,

that shall be calculated in accordance with such guidance and be paid subject to such conditions as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.

(9) In this section, "investigation" includes a review referred to in sections 15(1A), 30(1A), 47(1A), 76(2A) and 88(4)(b)(i).]




Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 80(a), (b), (c), (d), (e), S.I. No. 194 of 2023.


Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 80(f), S.I. No. 194 of 2023.

Editorial Notes:


A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.