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

I move amendment No. 93:

In page 21, after line 41, to insert the following:"Objections to registration

20.(1) Any one of the persons referred to in section 18(3) may, within 5 weeks of 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 under subsection (1) shall be made in such form and shall be accompanied by such fee as shall be prescribed by regulations made under section 27and may be made on one of the following grounds:

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

(b) the appointer has capacity in respect of the matters which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker;

(c) the appointer lacks capacity in respect of the matters which are the subject of the co-decision-making agreement even with the assistance of a co-decision-maker;

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

(e) the co-decision-maker is not a suitable person within the meaning of section 14(2);

(f) the co-decision-maker falls within section 15(1);

(g) fraud 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), he or she shall review the objection and consult with the appointer and co-decision-maker and such other persons as he or she considers relevant and shall—

(a) where he or she is of the view that the objection is not well founded, proceed, subject to section 19(2), to register the co-decision-making agreement concerned, or

(b) where he or she is of the view that the objection is well founded, make an application to the court for a declaration as to whether or not the co-decision-making agreement concerned should be registered.

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

(a) declare that the co-decision-making agreement concerned should be registered,

(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.".