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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

38. Power of court to make orders and appoint decision-making representative, etc.

(1) This section applies where -

(a) the court has made a declaration which falls within paragraph (a) of section 37(1), but -

(i) there is no suitable person to act as co-decision-maker for the relevant person, or

(ii) where there is a suitable person to act as co-decision-maker for the relevant person, a co-decision-making agreement in respect of the relevant person is not registered in accordance with Part 4 within the period (which may be extended at the court's discretion) set down by the court,

or

(b) the court has made a declaration in respect of a relevant person which falls within paragraph (b) of section 37(1).

(2) Where this section applies, the court may make one or both of the following orders: