Assisted Decision-Making (Capacity) Act 2015
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Reports by co-decision-maker | ||
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27. (1) A co-decision-maker shall, within 12 months after registration of the co-decision-making agreement appointing him or her, and thereafter at intervals of not more than 12 months, prepare and submit to the Director a report in writing as to the performance of his or her functions as such co-decision-maker during the relevant period. | ||
(2) Every report submitted to the Director pursuant to this section shall be approved by the appointer and shall be in such form as shall be prescribed by regulations made under section 31 and shall include details of all transactions relating to the appointer’s finances which are within the scope of the co-decision-making agreement and details of all costs and expenses paid to and claimed by the co-decision-maker in the relevant period together with such other matters as are prescribed. | ||
(3) Where a co-decision-maker fails to submit a report in accordance with this section or submits an incomplete report, the Director shall notify the appointer and the co-decision-maker concerned of that failure or incompleteness and give the co-decision-maker such period of time as is specified in the notification to comply or submit a complete report. | ||
(4) Where a co-decision-maker fails to comply with a notification under subsection (3), the Director shall— | ||
(a) in the case of the submission of an incomplete report and following any necessary enquiries to satisfy himself or herself that the report is substantially in accordance with this section and regulations made under section 31 , accept the report as if it were in compliance with this section and the relevant regulations, or | ||
(b) make an application to the court for a determination as to whether the co-decision-maker should continue as co-decision-maker for the appointer. | ||
(5) Pursuant to an application to it under subsection (4)(b), the court may determine that a co-decision-maker who has not complied with this section shall no longer act as co-decision-maker for the appointer concerned. | ||
(6) In this section “relevant period” means the period of time to which the report relates which shall be the period of time between the date of registration of the co-decision-making agreement or the date of submission of the previous report, as the case may be, and the date immediately preceding the date of submission of the report concerned. |