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

I move amendment No. 97:

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

24 (1) The terms of a co-decision-making agreement which has been registered may be varied by agreement between the appointer and the co-decision-maker.

(2) Subject to section 14(6), a varied co-decision-making agreement shall include the signature of the appointer and the co-decision-maker (“the applicants”) and shall be witnessed in accordance with section 14(7).

(3) An application to register a varied co-decision-making agreement shall be made in such form and accompanied by such fee as shall be prescribed by regulations made under section 27.

(4) The applicants shall, at the same time as making an application to register a varied co-decision-making agreement, give notice, in such form as shall be prescribed by regulations made under section 27, to the persons specified in section 18(3)and the application shall be accompanied by the following:

(a) the varied co-decision-making agreement;

(b) a statement outlining the variation and why it was considered necessary;

(c) a statement by a registered medical practitioner and such other healthcare professional as shall be prescribed by regulations made under section 27that in his or her opinion—

(i) the appointer has capacity to vary the co-decision-making agreement, and

(ii) the appointer requires assistance in exercising his or her decision-making in respect of the matters contained in the varied co-decision-making agreement, and

(iii) the appointer has capacity to make the decision or decisions specified in the varied co-decision-making agreement with the assistance of the co-decision-maker concerned;

(d) details of the notice given;

(e) any change to the information provided pursuant to section 18(4)(e)on the application to register the co-decision-making agreement,

(f) the appropriate fee, as prescribed by regulations made under section 27.

(5) Sections 19to 23 shall apply to a varied co-decision-making agreement as they apply to a co-decision-making agreement and, accordingly, in the case of their application to a varied co-decision-making agreement, a reference to “co-decision-making agreement” in those sections shall be read as if ‘varied co-decision-making agreement’ were substituted for “co-decision-making agreement”.

(6) An application to register a varied co-decision-making agreement shall not be made less than 6 months from the date of registration of the co-decision-making agreement which it varies, unless a shorter period is agreed by the Director.

(7) Upon registration of a varied co-decision-making agreement, the Director shall remove from the Register the co-decision-making agreement which it varies.

(8) A varied co-decision-making agreement shall not enter into force until it has been registered.”.