Assisted Decision-Making (Capacity) Act 2015

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Objections to registration

24. (1) Any of the persons referred to in section 21 (3) may, not later than 5 weeks from the date on which notice is given in accordance with that provision, notify the Director that he or she objects to the proposed registration.

(2) An objection shall be in such form and shall be accompanied by such fee as shall be prescribed by regulations made under section 31 and may be made on one or more of the following grounds:

(a) that the co-decision-making agreement was not signed or witnessed in accordance with section 17 ;

(b) that the appointer lacks capacity to make a decision to enter into the co-decision-making agreement;

(c) that the appointer has capacity to make the relevant decisions which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker;

(d) that the appointer lacks capacity to make the relevant decisions which are the subject of the co-decision-making agreement even with the assistance of a co-decision-maker;

(e) that entry into the co-decision-making agreement is not in accordance with the will and preferences of the appointer;

(f) that the co-decision-maker is not a suitable person within the meaning of section 17 (2) or is not eligible for appointment by virtue of section 18 ;

(g) that a false statement is included in the application to register the co-decision-making agreement;

(h) that fraud, coercion or undue influence was employed to induce the appointer to enter into the co-decision-making agreement.

(3) Where the Director receives an objection in accordance with subsection (2), which has been made in the period specified in subsection (1), he or she shall—

(a) review the objection,

(b) consult with the appointer and co-decision-maker and give them a reasonable opportunity to respond to the objection, and

(c) consult with such other persons as he or she considers relevant,

and shall—

(i) where he or she is of the view that the objection is not well founded, notify the person who made the objection of his or her view, provide reasons for that view and proceed, subject to section 22 (1), to register the co-decision-making agreement concerned, or

(ii) where he or she is of the view that the objection is well founded, notify the person who made the objection of his or her view and make an application to the court for a determination as to whether or not the co-decision-making agreement concerned should be registered.

(4) The court, pursuant to an application made to it under subsection (3)(ii), may—

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

(b) declare that the co-decision-making agreement concerned should not be registered, or

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

(5) A person who makes an objection under subsection (1) may, not later than 21 days after the date of issue of the notification by the Director under subsection (3)(i), appeal a decision to register the co-decision-making agreement concerned to the court.

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

(a) require the Director to remove the co-decision-making agreement concerned from the Register,

(b) affirm the decision of the Director, or

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