The 2015 Act is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a more rights based and flexible approach, whereby capacity is assessed on an issue and time-specific basis.
Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in preparing to operate the 2015 Act, including the development of a searchable register that will allow permitted persons to access certain information in relation to decision support arrangements.
Officials are currently engaged with the Office of the Attorney General to draft the necessary regulations required for the operation of the 2015 Act. Among other Regulations required for the new system to operate, this includes a Regulation permitting access to the register of decision support arrangements which will be maintained by the Decision Support Service. The Regulation will include a list of particular parties that will be permitted to access the register. Under the Assisted Decision-Making legislation, as amended, the Director of the Decision Support Service will also have discretion to allow persons with a legitimate interest to access the register.
The Decision Support Service will ensure that proper mechanisms are in place to the safeguarding of persons' data. The register will become operational following the commencement of relevant sections of both the 2015 and 2022 Acts and the signing of the necessary Statutory Instrument permitting certain persons to access the register.
The Government remains committed to commence both the 2022 Act, and the 2015 Act, on 26 April 2023. It is expected that this will include the signing of the Statutory Instrument facilitating access to the register the Deputy refers to.
