Assisted Decision-Making (Capacity) Act 2015
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Circuit Court to have exclusive jurisdiction under this Act except for certain matters reserved for High Court, etc. | ||
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4. (1) Subject to subsection (3), sections 37 , 85 (6)(b) and 89 (2), Parts 6 , 10 and 11 , the Circuit Court shall have exclusive jurisdiction under this Act and the performance of the functions of that court conferred by this section shall be within the jurisdiction of the circuit of the Circuit Court and such jurisdiction shall be exercised by the circuit of the Circuit Court in which— | ||
(a) the relevant person the subject of an application under this Act is residing or carrying on business at the time the application is made, or | ||
(b) the relevant person the subject of an application under this Act has resided at any time during the period of 3 years immediately prior to the making of the application. | ||
(2) An application to the Circuit Court under this Act may be made— | ||
(a) in such office of, or attached to, the Circuit Court within the circuit concerned, | ||
(b) in such combined court office (within the meaning of section 14 of the Courts and Court Officers Act 2009 ) within the circuit concerned, or | ||
(c) in such office of the Courts Service, within the circuit concerned, designated by the Courts Service for the purpose of this Act, | ||
as may be prescribed by rules of court. | ||
(3) Notwithstanding any other provision of this Act— | ||
(a) any decision regarding the donation of an organ from a living donor shall, where the donor is a person who lacks capacity, be determined by the High Court, and | ||
(b) where an application in connection with the withdrawal of life-sustaining treatment from a person who lacks capacity comes before the courts for adjudication, that application shall be heard by the High Court. | ||
(4) Nothing in this Act shall be construed as authorising any person to give consent for a non-therapeutic sterilisation procedure to be carried out on a person who lacks capacity. |