10When person is eligible to access voluntary assisted dying

10 When person is eligible to access voluntary assisted dying

(1)  For the purposes of this Act, a person is eligible to access voluntary assisted dying if –

(a) the person has attained the age of 18 years; and

(b) the person meets the residency requirements; and

(c) the person has decision-making capacity; and

(d) the person is acting voluntarily; and

(e) the person is suffering intolerably in relation to a relevant medical condition.

(2)  For the purposes of this Act, a person is not eligible to access voluntary assisted dying by reason only that the person –

(a) has a mental illness, within the meaning of the Mental Health Act 2013 ; or

(b) [Section 10 Subsection (2) amended by No. 6 of 2025, s. 23, Applied:01 Jul 2025] has a disability, within the meaning of the Disability Rights, Inclusion and Safeguarding Act 2024 .

(3)  For the avoidance of doubt –

(a) [Section 10 Subsection (3) amended by No. 6 of 2025, s. 23, Applied:01 Jul 2025] a person who has a disability, within the meaning of the Disability Rights, Inclusion and Safeguarding Act 2024 , is eligible to access voluntary assisted dying if the person has a relevant medical condition and the other requirements of subsection (1) are satisfied in relation to the person; and

(b) a person who has a mental illness, within the meaning of the Mental Health Act 2013 , is eligible to access voluntary assisted dying if the requirements of subsection (1) are satisfied in relation to the person.