Court Proceedings (Delays) Act 2024

PART 6

Miscellaneous

Person acting on behalf of applicant

31. (1) Where a person has not attained the age of 18 years, an assessment application or application under section 24 , where applicable, may be made on his or her behalf by—

(a) his or her parent or guardian,

(b) his or her next friend, or

(c) a person in loco parentis to him or her.

(2) Where a person has attained the age of 18 years and, due to illness or disability, lacks capacity to make an assessment application or an application under section 24 , as the case may be, an assessment application or application under section 24 , where applicable, may be made on his or her behalf by—

(a) his or her committee,

(b) where he or she is the donor of an enduring power of attorney, a person who is the donee of the enduring power of attorney, or

(c) any other person duly appointed or authorised to act on his or her behalf.

(3) A person who, in accordance with subsection (1) or (2), makes an assessment application or an application under section 24 on behalf of another person may continue to act on behalf of that person for the purposes of the application.

(4) A person who, in accordance with subsection (1) or (2), makes an assessment application or an application under section 24 on behalf of another person is referred to in this Act as an “authorised person”.