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Acts & Statutory Instruments

Acts of the Oireachtas

Assisted Decision-Making (Capacity) Act 2015

Assisted Decision-Making (Capacity) (Amendment) Act 2022

Statutory Instruments

(SI 515/2016) Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016

Appoints 17 October 2016 as the day on which the following provisions came into force:

(a) Part 1, other than sections 3, 4 and 7;

(b) Part 9, other than section 96, section 102 and Chapter 3.

(SI 517/2016) – Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016

Appoints 17 October 2016 as the day on which the following provisions came into force:

(a) the definition of “Minister” in section 82;

(b) the definitions of “code of practice” and “working group” in section 91(1);

(c) section 91(2).

(SI 527/2018) Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018

Appoints 17 December 2018 as the day on which section 91, insofar as it was not already in operation, came into operation.

(SI 436/2020) – Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020

The functions vested in the Minister for Justice and Equality by or under the Assisted Decision-Making (Capacity) Act 2015 are transferred to the Minister for Children and Youth Affairs.

(SI 739/2020) – Children, Equality, Disability, Integration and Youth (Delegation of Ministerial Functions) Order 2020

The powers (other than the power to prosecute an offence) and duties of the Minister for Children, Equality, Disability, Integration and Youth conferred on him by or under the Assisted Decision-Making (Capacity) Act 2015 are delegated to Anne Rabbitte, Minister of State at the Department of Children, Equality, Disability, Integration and Youth.

(SI 24/2021) Assisted Decision-Making (Capacity) Act 2015 (Section 7(1)) (Commencement) Order 2021

Appoints 1 February 2021 as the day on which section 7(1) came into operation.

(SI 46/2023) Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Commencement) Order 2023

Appoints 17 February 2023 as the day on which the following provisions (of the 2022 Act) came into force:

(a) subsections (1), (5) and (6) of section 1;

(b) section 2;

(c) subsection (1) of section 98.

(SI 192/2023) Assisted Decision-Making (Capacity) Act 2015 (Commencement) Order 2023

(SI 193/2023) Assisted Decision-Making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023

(SI 194/2023) Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 2) Order 2023

(SI 195/2023) Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 3) Order 2023

(SI 201/2023) Circuit Court Rules (Assisted Decision – Making (Capacity) Act 2015) 2023

(SI 202/2023) Assisted Decision-Making (Capacity) Act 2015 (Fees) Regulations 2023

(SI 203/2023) Assisted Decision-Making (Capacity) Act 2015 (Payment of Certain Expenses and Remuneration to decision-making Representatives) Regulations 2023

(SI 204/2023) Assisted Decision-Making (Capacity) Act 2015 (Prescribed Classes of Healthcare Professionals) Regulations 2023

(SI 205/2023) Assisted Decision-Making (Capacity) Act 2015 (Section 10(4)) Regulations 2023

(SI 206/2023) Assisted Decision-Making (Capacity) Act 2015 (Inspection of Registers and Receipt of Copies of Documents) Regulations 2023

(SI 261/2023) Rules of the Superior Courts (Assisted Decision – Making (Capacity) Act 2015) 2023

Future Updates

These lists will be updated as and when legislation and regulations are published. Ministerial regulation is anticipated in the near future.

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Last Updated: 1 June2023