Commissioner for Older People Act (Northern Ireland) 2011

Interpretation: “older person”

25.—(1) Subject to subsections (2) to (4), for the purposes of this Act “older person” means a person aged 60 or over.

(2) If the Commissioner is of the opinion that a matter raises a question of principle affecting persons aged 50 or over, the Commissioner may direct that, for the purposes of this Act, “older person” means a person aged 50 or over in relation to that matter.

(3) If, in the case of a person aged 50 or over (“P”), there are in the opinion of the Commissioner exceptional circumstances which make it appropriate to do so, the Commissioner may direct that subsection (4) applies in relation to P.

(4) Where this subsection applies in relation to P, then—

(a) anything which is required or authorised by this Act to be done by an older person may be done by P; and

(b) anything which is required or authorised by this Act to be done by the Commissioner in relation to an older person may be done in relation to P.

(5) Anything which is required or authorised by this Act to be done by an older person may, where the older person—

(a) has died; or

(b) is for some reason unable to act for himself or herself,

be done by the older person’s personal representative or by a member of the older person’s family or other body or individual suitable to represent the older person.

(6) Subject to subsection (7), the Office may by order amend the ages specified in subsections (1) to (3).

(7) An order under subsection (6) may not amend the ages specified in subsection (2) or (3) to any age above the age of 60.

(8) No order may be made under subsection (6) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(9) An order under subsection (6) may contain such transitional provisions as the Office thinks appropriate.