Legislation

The 2001 Act was fully commenced on 1 November 2006 including Part 2 “Involuntary Admission of Persons to Approved Centres” by which the independent reviews by mental health tribunals of involuntarily detained persons commenced.

The 2001 Act has been the subject of a series of amendments which are listed below. Also listed are associate Regulations.

Primary Mental Health Legislation

Mental Health Act 2001 
Mental Health Act 2008 
Mental Health (Amendment) Act 2015 
Mental Health (Renewal Orders) Act 2018 
Mental Health (Amendment) Act 2018 (not commenced) 

Regulations

SI 550 of 2006 (Authorised Officer) Regulations 
SI 551 of 2006 (Approved Centre) Regulations 

Section 63 of the Mental Health (Miscellaneous Provisions) Act 2009 
Section 98 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 
Emergency Measures in the Public Interest (Covid-19) Act 2020 

Here is a list of all the relevant legislation to the Decision Support Service:

2015 Act

Assisted Decision-Making (Capacity) Act 2015

Consolidated Act 

Assisted Decision-Making (Capacity) Act 2015 (consolidated version) Law Reform Commission

Commencement Orders

S.I. No. 515/2016 - Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016. 

S.I. No. 517/2016 - Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 

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

S.I. No. 24/2021 - Assisted Decision-Making (Capacity) Act 2015 (Section 7(1)) (Commencement) Order 2021 

2022 Act

Assisted Decision-Making (Capacity) (Amendment) Act 2022

Commencement Orders

S.I. No. 46/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) Order 2023

S.I. No. 192/2023 - Assisted Decision - Making (Capacity) Act 2015 (Commencement) Order 2023

S.I. No. 193/2023 - Assisted Decision - Making (Capacity) Act 2015 (Commencement) (No.2) Order 2023

S.I. No. 194/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 2) Order 2023

S.I. No. 195/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 3) Order 2023

Regulations

S.I. No. 202/2023 Assisted Decision - Making (Capacity) Act 2015 (Fees) Regulations 2023 

S.I. No. 203/2023 Assisted Decision - Making (Capacity) Act 2015 (Payment of Certain Expenses and Remuneration to Decision - Making Representatives) Regulations 2023

S.I. No. 204/2023 Assisted Decision - Making (Capacity) Act 2015 (Prescribed Classes of Healthcare Professionals) Regulations 2023

S.I. No. 205/2023 Assisted Decision - Making (Capacity) Act 2015 (Section 10(4)) Regulations 2023

S.I. No. 206/2023 Assisted Decision - Making (Capacity) Act 2015 (Inspection of Registers and Receipt of Copies of Documents) Regulations 2023

Circuit Court Rules

S.I. No. 201 /2023 Circuit Court Rules (Assisted Decision - Making (Capacity) Act 2015) 2023

Superior Court Practice Directions

High Court Practice Directions – Wards of Court

Court Forms

Circuit Court - Assisted Decision Making (Capacity) Act - Court Application Forms

Other related legislation

S.I. No. 436/2020 - Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020

Section 54 Domestic Violence Act 2018 Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015