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Version status: In force | Document consolidation status: No known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

48. Insertion of new section 57A into Principal Act

The Principal Act is amended by the insertion of the following section after section 57 and in Part 6 of that Act:

"57A. Amendment of Act of 1995 regarding Part 6

The Act of 1995 is amended -

(a) in section 1(1) -

(i) in the definition of 'staff of the Board', by the substitution of 'Board;' for 'Board.', and

(ii) by the insertion of the following definition:

'"ward" has the meaning it has in Part 6 of the Assisted Decision-Making (Capacity) Act 2015.',

(b) in section 26(3), by the insertion of the following paragraph:

'(d) a party to an application, or to any other proceedings, under Part 6 of the Assisted Decision-Making (Capacity) Act 2015 shall qualify for legal advice.',

(c) in section 28, by the insertion of the following subsection after subsection (3A) (inserted by section 52(c) of this Act):

'(3B) Where the proceedings the subject matter of the application under this section concern an application under subsection (1), or proceedings pursuant to subsection (2) or (3), of section 54 of the Assisted Decision-Making (Capacity) Act 2015 -

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

(b) where the applicant is a ward, paragraph (a) shall not apply.',