The narrative guidance for an Encounter Performed states "
Note that this template no longer needs to be contained in an Encounter Performed Act template. The Encounter Performed Act template is retired in this version of the IG..." [Section 3.17.1 Encounter Performed V6, page 148]

The sample files from Cypress are placing the encounter performed template within an <act /> and the schematron is looking within an act to validate the encounter. 

Which is correct?