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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2023.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 ; section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ); section 27 of the Courts (Supplemental Provisions) Act 1961 , sections 4 (2), 36 (7), 92 (6) and 130 of the Assisted Decision-Making (Capacity) Act 2015 and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court.

I concur in the making of the above Rules of Court.

Dated this 27th day of April 2023.

SIMON HARRIS

Minister for Justice

1.

• (2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2023.

• (3) The Circuit Court Rules 2001 to 2022 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2023.

2.

3.

• (i) by the substitution of paragraph (d) of Order 2 for the following paragraph:

• “(d) under the Assisted Decision-Making (Capacity) Act 2015 as amended, in a county in which the relevant person or person who is the subject of an application under the Act:

• (i) is residing or carrying on business at the time the application is made,

• (ii) has resided at any time within the period of three years immediately prior to the making of the application.”;

• (ii) by the substitution therein for rule 8 of Order 6 of the following rule:

“8. (1) In this rule, the ”2015 Act“ means the Assisted Decision-Making (Capacity) Act 2015 , and expressions used have the meanings assigned to them by the 2015 Act.

• (2) Where there is in force in respect of a relevant person a decision-making representation order which authorises a decision-making representative appointed in respect of the person to institute, prosecute or defend such proceedings, the relevant person shall sue or defend by his or her decision-making representative, and service on the decision-making representative shall be good and sufficient service.

• (3) Where there is in force in respect of a relevant person as the donor a registered enduring power of attorney in respect of which a notification of lack of capacity has been accepted, which includes authority to act on the donor’s behalf in relation to the institution, prosecution or defence of proceedings, the relevant person shall sue or defend by his or her attorney, and service on the attorney shall be good and sufficient service.

• (4) Where there is in force in respect of a relevant person as the donor a registered enduring power under the Act of 1996, which includes authority to act on the donor’s behalf in relation to the institution, prosecution or defence of proceedings, the relevant person shall sue or defend by his or her attorney under the Act of 1996, and service on the attorney under the Act of 1996 shall be good and sufficient service.

• (5) Where there is in force in respect of an intending party or party to proceedings as the appointer a registered co-decision-making agreement which provides for the making jointly by the appointer and a co-decision-maker of decisions concerning proceedings, the originating document or defence, and each subsequent document delivered in the proceedings shall be signed by, or shall include a certificate that the decision to issue and deliver same was made jointly by, the appointer and co-decision-maker.

• (6) Where any issue arises as to, or arising from, the capacity of any adult party to proceedings, the Court may, of its own motion having heard the parties, or on the application by motion on notice of any party, or person sufficiently interested, make such orders or give such directions concerning the further conduct of the proceedings as are necessary in the interests of justice.”

• (7) A ward of court may sue or defend by his or her committee.

• (iii) by the substitution therein for rule 15 of Order 11 of the following rule:

“15. Service on a relevant person (within the meaning of section 2 (1) of the Assisted Decision-Making (Capacity) Act 2015 ) who is a defendant to an action, shall be in accordance with Order 6, rule 8.”;

• (iv) by the substitution therein for paragraph (j) of rule 1 of Order 13 of the following paragraph:

• “(j) the proceeding relates to a child or to a relevant person referred to in section 2 of the Assisted Decision-Making (Capacity) Act 2015 (whether or not an order under that Act has been made in respect of the relevant person concerned) who is habitually resident in, or a citizen of, Ireland; or”;

• (v) by the substitution therein for rule 3 of Order 15 of the following rule:

“3. (1) Where no appearance has been entered, within the time allowed, to a Civil Bill, for a defendant who is a child, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 19 for an order that some proper person be assigned guardian ad litem of such defendant by whom he or she may appear and defend.

• (2) Where no appearance has been entered, within the time allowed, to a Civil Bill or other originating document, for a defendant who is a person whose capacity to conduct proceedings is in question or may shortly be in question, but in respect of whom no decision-making representation order has been made under section 38 (2)(b) of the Assisted Decision-Making (Capacity) Act 2015 which is in force, the plaintiff shall, before further proceeding with the action against the said defendant, apply to the Court under Order 6, rule 8. ”;

• (vi) by the substitution therein for paragraph (i) of rule 1 of Order 19 of the following paragraph:

• “(i) for the appointment of a guardian ad litem of a child;”, and

• (vii) by the insertion immediately following Order 47A of the Order set out in Schedule 1.

4.

Schedule 1