4 Power of Court of Session or sheriff with regard to nearest relativeS
This section has no associated Explanatory Notes
(1). . . the court may, having regard to section 1 and being satisfied that to do so will benefit [an adult with incapacity], make an order that—
(a)certain information shall not be disclosed, or intimation of certain applications shall not be given, to the nearest relative of the adult;
(b)the functions of the nearest relative of the adult shall, during the continuance in force of the order, be exercised by a person, specified in the [order] , who is not the nearest relative of the adult but who—
(i)is a person who would otherwise be entitled to be the nearest relative in terms of this Act;
(ii)in the opinion of the court is a proper person to act as the nearest relative; and
(iii)is willing to so act; or
(c)no person shall, during the continuance in force of the order, exercise the functions of the nearest relative.
(2)An order made under subsection (1) shall apply only to the exercise of the functions under this Act of the nearest relative.
(3)The court may . . . make an order varying the terms of an order granted under subsection (1).
[(3A)The court may make an order under subsection (1) or (3) only on the application of—
(a)the adult to whom the application relates; or
(b)any person claiming an interest in that adult's property, financial affairs or personal welfare.
(3B)The court may dispose of an application for an order under subsection (1) or (3) by making—
(a)the order applied for; or
(b)such other order under this section as it thinks fit.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .