Assisted Decision-Making (Capacity) Act 2015

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Registration of co-decision-making agreement

22. (1) On receipt of an application under section 21 , the Director shall review the application and any objections received under section 24 and shall carry out such reasonable enquiries as he or she considers necessary in order to establish whether the following criteria are met:

(a) the co-decision-making agreement is in accordance with section 17 ;

(b) the co-decision-maker is a suitable person within the meaning of section 17 (2);

(c) the co-decision-maker is eligible for appointment within the meaning of section 18 ;

(d) the application is in accordance with section 21 (or section 28 in the case of an application to register a varied co-decision-making agreement);

(e) the co-decision-making agreement is in accordance with the will and preferences of the appointer; and

(f) the appointer understands the implications of having entered into the co-decision-making agreement.

(2) Following the review under subsection (1) and subject to section 24 , the Director shall—

(a) where he or she is of the view that the criteria set out in paragraphs (a) to (f) of subsection (1) are satisfied, register the co-decision-making agreement and notify the applicants of the date on which it was registered, or

(b) where he or she is of the view that one or more of the criteria set out in paragraphs (a) to (f) of subsection (1) are not satisfied, notify the applicants of that view, provide reasons for that view and give the applicants an opportunity, within a reasonable timeframe specified by the Director, to respond.

(3) Following a review of any response submitted by the applicants pursuant to subsection (2)(b) and subject to section 24 , the Director shall—

(a) where he or she is of the view that the criteria set out in paragraphs (a) to (f) of subsection (1) are satisfied, register the co-decision-making agreement and notify the applicants of the date on which it was registered, or

(b) where he or she remains of the view that one or more of the criteria set out in paragraphs (a) to (f) of subsection (1) are not satisfied, refuse to register the co-decision-making agreement concerned and notify the applicants of that fact.

(4) One or both of the applicants whose application to register a co-decision-making agreement is refused may, not later than 21 days after the date of issue of the notification of refusal by the Director, appeal the refusal to the court.

(5) Upon an appeal under subsection (4), the court may—

(a) require the Director to register the co-decision-making agreement concerned,

(b) affirm the decision of the Director, or

(c) make such other order as it considers appropriate.

(6) Following the registration of a co-decision-making agreement, the Director shall send an authenticated copy of the agreement to the applicants.

(7) A document purporting to be a copy of a co-decision-making agreement that has been authenticated by the Director shall be evidence of the contents of the agreement and the date upon which it was registered.