Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 92:

In page 21, after line 41, to insert the following:"Registration of co-decision-making agreement

19.(1) On receipt of an application under section 18, the Director shall review the application and any objections received under section 20and shall carry out such enquiries as may be necessary in order to determine whether—

(a) the application is in accordance with section 18(or section 24in the case of an application to register a varied co-decision-making agreement),

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

(c) the appointer understands the effect of having entered into the agreement,

(d) the co-decision-maker is a suitable person within the meaning of section 14(2), and

(e) the co-decision-maker is not a person who falls under section 15(1).

(2) Following the review under subsection (1)and subject to section 20, the Director shall—

(a) where he or she is satisfied that the criteria set out in paragraphs (a)to (e)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 (e)of subsection (1)is not satisfied, notify the applicants of that view and 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), the Director shall—

(a) where he or she is satisfied that the criteria set out in paragraphs (a)to (e)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 (e)of subsection (1)is not satisfied, refuse to register the co-decision-making agreement concerned and notify the applicants of that fact.

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

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

(6) A relevant decision which is made within the scope of a registered co-decision-making agreement shall not be challengeable on the grounds that the appointer did not have the capacity to make the decision.

(7) Where a co-decision-making agreement is registered, a relevant decision made otherwise than jointly by the appointer and the co-decision-maker is void.

(8) (a) Subject to paragraph (b), where a relevant decision requires the signing of any document, the document is void unless both the appointer and the co-decision-maker sign the document.

(b) Where the appointer is unable to make his or her signature, a document may be signed on the appointer's behalf by a person who has attained the age of 18 years if the appointer is present and directs that the document be signed on his or her behalf by that person.

(9) In this section "authenticated" means bearing the signature of the Director, the date of his or her signature and the date of registration of the co-decision-making agreement concerned.".