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

52. Amendment of Act of 1995

The Act of 1995 is amended -

(a) in section 1 by inserting the following definition:

"'relevant person' has the meaning it has in the Assisted Decision-Making (Capacity) Act 2015;",

(b) in section 26(3) -

(i) in paragraph (a), by substituting "has already been given," for "has already been given, and",

(ii) in paragraph (b), by substituting "section 28(9)(c)," for "section 28(9)(c).", and

(iii) by inserting, after paragraph (b), the following:

"(c) a party to an application under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 shall qualify for legal advice, and",

(c) in section 28 by inserting after subsection (3) the following:

"(3A) Where the proceedings the subject matter of the application under this section concern an application under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 relating to the matter referred to in section 37(1) of that Act -

(a) paragraphs (c) and (e) of subsection (2) shall not apply, and

(b) where the applicant is a relevant person, paragraph (a) shall not apply.",

(d) in section 28(5) -

(i) in paragraph (d) by deleting "aid." and substituting "aid, and", and