Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (International Protection of Adults) 2003

Amendment of the Summary Applications Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with paragraph (2).

(2) In Chapter 3, after Part XXIII (Ethical Standards in Public Life Etc. (Scotland) Act 2000) insert–

“PART XXIV INTERNATIONAL PROTECTION OF ADULTS

Interpretation

3.24.1.   In this Part–

“the Act” means the Adults with Incapacity (Scotland) Act 2000(2);

“the Convention” means the Hague Convention of 13th January 2000 on the International Protection of Adults;

“international measure” means any measure taken under the law of a country other than Scotland for the personal welfare, or the protection of property, of an adult with incapacity, where–

(a)

jurisdiction in the other country was based on the adult’s habitual residence there; or

(b)

the other country and the United Kingdom were when that measure was taken parties to the Convention, and jurisdiction in that other country was based on a ground of jurisdiction in the Convention; and

“Public Guardian” shall be construed in accordance with section 6 (the public guardian and his functions) of the Act.

Application

3.24.2.— (1) An application to register an international measure under paragraph 8(1) of schedule 3 to the Act shall be by summary application made under this Part.

(2) The original document making the international measure, or a copy of that document duly certified as such by an officer of the issuing or a requesting body, shall be lodged with an application under paragraph (1), together with (as necessary) an English translation of that document and that certificate.

(3) Any translation under paragraph (2) must be certified as a correct translation by the person making it, and the certificate must contain the full name, address and qualifications of the translator.

Intimation of application

3.24.3.— (1) The sheriff shall order intimation of an application to register an international measure–

(a) except where the sheriff is satisfied that the person to whom the international measure relates had an opportunity to be heard in the country where that measure was taken, to that person;

(b) which if registered would have the effect of placing the adult to whom the international measure relates in an establishment in Scotland, to the–

(i) Scottish Central Authority; and

(ii) Mental Welfare Commission;

(c) to the Public Guardian; and

(d) to any other person whom the sheriff considers appropriate.

(2) In this rule–

(a) “Scottish Central Authority” means an authority–

(i) designated under Article 28 of the Convention for the purposes of acting as such; or

(ii) appointed by the Scottish Ministers for the purposes of carrying out the functions to be carried out under schedule 3 of the Act by the Scottish Central Authority, where no authority is designated for the purposes of sub paragraph (i); and

(b) “Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by section 2 of the Mental Health (Scotland) Act 1984(3).

Notice to the Public Guardian

3.24.4.   The sheriff clerk shall within 7 days after the date of an order registering an international measure, provide the Public Guardian with–

(a) a copy of that order; and

(b) a copy of the international measure, and of any translation.

Register of recognised foreign measures

3.24.5.— (1) There shall be a register of international measures (“the register”) registered by order under this Part.

(2) The register shall include–

(a) the nature of the international measure;

(b) the date of the international measure;

(c) the date of the order under this Part granting recognition of the international measure;

(d) the name and address of–

(i) the person who applied for recognition of the international measure under this Part;

(ii) the person in respect of whom the international measure was taken; and

(iii) if applicable, the person on whom any power is conferred by the international measure; and

(e) a copy of the international measure, and of any translation.

(3) The Public Guardian shall maintain the register, and make it available during normal office hours for inspection by members of the public.

(4) The Public Guardian shall if requested by any person certify that an international measure registered under this Part has been entered in the register.”.

(1)

S.I. 1999/929. Amended by S.S.I. 2000/148 and 387, 2001/142, 2002/7, 129, 130, 146 and 563, and 2003/26, 27, 98, 261, 316 and 346.

(2)

2000 asp 4.

(3)

1984 c. 36.