S.I. No. 527/2018 - Assisted Decision Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018

1. This Order may be cited as the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018.

2. The 17th day of December 2018 is appointed as the day on which

section 91

of the

Assisted Decision-Making (Capacity) Act 2015

(No. 64 of 2015), insofar as it is not already in operation, comes into operation.

GIVEN under my Official Seal,

13 December 2018.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This Note is not part of the Statutory Instrument and does not purport to be a legal interpretation.)

This Order provides for the commencement of the remainder of

section 91

of the

Assisted Decision-Making (Capacity) Act 2015

, which outlines the formal process to be undertaken by the Director of the Decision Support Service regarding the preparation and publication of the code of practice pertaining to the advance healthcare directive provisions, including the requirement for the Director to obtain the consent of the Minister for Health in order to publish the code of practice.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

14

th December

, 2018.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by

section 1

(3) of the

Assisted Decision-Making (Capacity) Act 2015

(No. 64 of 2015), and after consulting with the Minister for Justice and Equality, hereby order as follows