The Nursing Homes Support Scheme Act 2009 is amended -

(a) in section 21, by the insertion of the following subsection after subsection (43):

"(44) Section 46A shall apply to and in relation to care representatives and relevant persons referred to in this section as it applies to specified persons and 'other persons' referred to in that section.",

(b) by the insertion of the following section after section 21:

"21A. Transitional provisions regarding care representatives

(1) On and after the date of the coming into operation of section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (in this section referred to as the 'relevant date'), a person may not apply to the court under section 21(4)(a) for an order appointing him or her to be a care representative.

(2) Where -

(a) a care representative was appointed in respect of a person, and

(b) on or after the relevant date a decision-making representative is appointed under the Assisted Decision-Making (Capacity) Act 2015 (in this section referred to as the 'Act of 2015') in respect of the person and in respect of a matter to which section 21 applies that is also specified in the order appointing the care representative,

then -