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  1. Introductory Text

  2. PART 1 GENERAL

    1. General

      1. 1. General principles and fundamental definitions

    2. Judicial proceedings

      1. 2. Applications and other proceedings and appeals

      2. 3. Powers of sheriff

      3. 4. Power of Court of Session or sheriff with regard to nearest relative

      4. 5. Safeguarding of interests in Court of Session appeals or proceedings

    3. The Public Guardian

      1. 6. The Public Guardian and his functions

      2. 7. The Public Guardian: further provision

    4. Expenses in court proceedings

      1. 8. Expenses in court proceedings

    5. The Mental Welfare Commission

      1. 9. Functions of the Mental Welfare Commission

    6. Local authorities

      1. 10. Functions of local authorities

    7. Intimation

      1. 11. Intimation not required in certain circumstances

    8. Investigations

      1. 12. Investigations

    9. Codes of practice

      1. 13. Codes of practice

    10. Appeal against decision as to incapacity

      1. 14. Appeal against decision as to incapacity

  3. PART 2 CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY

    1. 15. Creation of continuing power of attorney

    2. 16. Creation and exercise of welfare power of attorney

    3. 16A.Continuing and welfare power of attorney: accompanying certificate

    4. 17. Attorney not obliged to act in certain circumstances

    5. 18. Power of attorney not granted in accordance with this Act

    6. 19. Registration of continuing or welfare power of attorney

    7. 20. Powers of sheriff

    8. 21. Records: attorneys

    9. 22. Notification to Public Guardian

    10. 22A.Revocation of continuing or welfare power of attorney

    11. 23. Resignation of continuing or welfare attorney

    12. 24. Termination of continuing or welfare power of attorney

  4. PART 3 ACCOUNTS AND FUNDS

    1. 25. Authority to intromit with funds

    2. 26. Application for authority to intromit

    3. 27. Notification of change of address

    4. 28. Purposes of intromissions with funds

    5. 29. Withdrawal and use of funds

    6. 30. Records and inquiries

    7. 31. Duration and termination of registration

    8. 32. Joint accounts

    9. 33. Transfer of funds

    10. 34. Disapplication of Part 3

  5. Part 3 Accounts and funds

    1. Purposes and application of Part

      1. 24A.Intromissions with funds

      2. 24B.Adults in respect of whom applications may be made

    2. Authority to take preliminary steps

      1. 24C.Authority to provide information about funds

      2. 24D.Authority to open account in adult's name

    3. Withdrawal certificates

      1. 26A.Withdrawal certificates

    4. Joint and reserve withdrawers

      1. 26B.Addition of joint withdrawer

      2. 26C.Joint withdrawers: supplementary

      3. 26D.Reserve withdrawers: applications

      4. 26E.Reserve withdrawers: authority to act

    5. Variation of withdrawer's authority

      1. 26F.Variation of withdrawal certificate

    6. Authority to transfer funds

      1. 26G.Authority to transfer specified sums

    7. Applications: general

      1. 27A.Countersigning of applications

      2. 27B.Medical certificates

      3. 27C.Intimation of applications

      4. 27D.Determination of applications: applicant to be fit and proper

      5. 27E.Determination of applications: opportunity to make representations

      6. 27F.Referral of application to sheriff

      7. 27G.Multiple applications etc.

    8. Fundholders

      1. 28A.Fundholder of original account

    9. Withdrawers

      1. 30A.Notification of change of address

      2. 30B.Records and inquiries

    10. Duration etc. of authority

      1. 31A.Suspension and termination of authority

      2. 31B.Renewal of authority to intromit

      3. 31C.Duration of certificates issued under section 24C, 24D, and 26G etc.

    11. Appeals

      1. 31D.Appeals

    12. Transition from guardianship

      1. 31E.Transition from guardianship

  6. PART 4 MANAGEMENT OF RESIDENTS’ FINANCES

    1. 35. Application of Part 4

    2. 36. Registration for purposes of managing residents’ finances

    3. 37. Residents whose affairs may be managed

    4. 38. Financial procedures and controls in registered establishments

    5. 39. Matters which may be managed

    6. 40. Supervisory bodies

    7. 41. Duties and functions of managers of authorised establishment

    8. 42. Authorisation of named manager to withdraw from resident’s account

    9. 43. Statement of resident’s affairs

    10. 44. Resident ceasing to be resident of authorised establishment

    11. 45. Appeal, revocation etc.

    12. 46. Disapplication of Part 4

  7. PART 5 MEDICAL TREATMENT AND RESEARCH

    1. 47. Authority of persons responsible for medical treatment

    2. 48. Exceptions to authority to treat

    3. 49. Medical treatment where there is an application for intervention or guardianship order

    4. 50. Medical treatment where guardian etc. has been appointed

    5. 51. Authority for research

    6. 52. Appeal against decision as to medical treatment

  8. PART 6 INTERVENTION ORDERS AND GUARDIANSHIP ORDERS

    1. Intervention orders

      1. 53. Intervention orders

      2. 54. Records: intervention orders

      3. 55. Notification of change of address

      4. 56. Registration of intervention order relating to heritable property

      5. 56A.Death of person authorised to intervene

    2. Guardianship orders

      1. 57. Application for guardianship order

      2. 58. Disposal of application

      3. 59. Who may be appointed as guardian

      4. 60. Renewal of guardianship order by sheriff

      5. 61. Registration of guardianship order relating to heritable property

    3. Joint and substitute guardians

      1. 62. Joint guardians

      2. 63. Substitute guardian

    4. Functions etc. of guardian

      1. 64. Functions and duties of guardian

      2. 65. Records: guardians

      3. 66. Gifts

      4. 67. Effect of appointment and transactions of guardian

      5. 68. Reimbursement and remuneration of guardian

      6. 69. Forfeiture of guardian’s remuneration

      7. 70. Non-compliance with decisions of guardian with welfare powers

    5. Termination and variation of guardianship and replacement, removal or resignation of guardian

      1. 71. Replacement or removal of guardian or recall of guardianship by sheriff

      2. 72. Discharge of guardian with financial powers

      3. 73. Recall of powers of guardian

      4. 73A.Recall of chief social work officer's guardianship powers

      5. 74. Variation of guardianship order

      6. 75. Resignation of guardian

      7. 75A.Death of guardian

      8. 76. Change of habitual residence

    6. Termination of authority to intervene and guardianship on death of adult

      1. 77. Termination of authority to intervene and guardianship on death of adult

      2. 78. Amendment of registration under section 61 on events affecting guardianship or death of adult

      3. 79. Protection of third parties: guardianship

    7. Guardianship orders: children

      1. 79A.Guardianship orders: children

  9. PART 7 MISCELLANEOUS

    1. 80. Future appointment of curator bonis etc. incompetent

    2. 81. Repayment of funds

    3. 81A.Public Guardian's power to obtain records

    4. 82. Limitation of liability

    5. 83. Offence of ill-treatment and wilful neglect

    6. 84. Application to guardians appointed under Criminal Procedure (Scotland) Act 1995

    7. 85. Jurisdiction and private international law

    8. 86. Regulations

    9. 87. Interpretation

    10. 88. Continuation of existing powers, minor and consequential amendments and repeals

    11. 89. Citation and commencement

    1. SCHEDULE 1

      MANAGERS OF AN ESTABLISHMENT

      1. 1.For the purposes of Part 4 “the managers” of an...

      2. 2.The Scottish Ministers may by regulations amend the list of...

    2. SCHEDULE 2

      MANAGEMENT OF ESTATE OF ADULT

      1. 1.Management plan

      2. 2.Directions from sheriff

      3. 3.Inventory of estate

      4. 4.Money

      5. 5.Powers relating to investment and carrying on of business by guardian

      6. 6.Purchase or disposal of accommodation

      7. 7.Accounting and auditing

      8. 8.Approval of accounts

    3. SCHEDULE 3

      JURISDICTION AND PRIVATE INTERNATIONAL LAW

      1. 1.General

      2. 2.Appropriate sheriff

      3. 3.Applicable law

      4. 4.(1) The law governing the existence, extent, modification and extinction...

      5. 5.Nothing in this schedule displaces any enactment or rule of...

      6. 6.Nothing in this schedule requires or enables the application in...

      7. 7.Recognition and enforcement

      8. 8.(1) A measure which is enforceable in the country of...

      9. 9.(1) For the purposes of recognition or enforcement of a...

      10. 10.(1) The Scottish Ministers may, by order, provide for the...

      11. 11.Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention

      12. 12.General

      13. 13.Orders or regulations under this schedule shall be made by...

      14. 14.In this schedule— “the Convention” means the Hague Convention of...

    4. SCHEDULE 4

      CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT

      1. 1.Curators and tutors

      2. 2.Guardians

      3. 3.Proceedings relating to existing appointments

      4. 4.Attorneys

      5. 5.Managers

      6. 6.Application of Act to persons who become guardians by virtue of this schedule

      7. 7.Transitional Provisions

      8. 8.Interpretation

    5. SCHEDULE 5

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. 1.General

      2. 2.Defence Act 1842 (c.94)

      3. 3.Judicial Factors Act 1849 (c.51)

      4. 4.Improvement of Land Act 1864 (c.114)

      5. 5.Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)

      6. 6.Judicial Factors (Scotland) Act 1889 (c.39)

      7. 7.Heritable Securities (Scotland) Act 1894 (c.44)

      8. 8.National Assistance Act 1948 (c.29)

      9. 9.Offices, Shops and Railway Premises Act 1963 (c.41)

      10. 10.Social Work (Scotland) Act 1968 (c.49)

      11. 11.In section 68(1) of that Act after “persons" where second...

      12. 12.Medicines Act 1968 (c.67)

      13. 13.Sheriff Courts (Scotland) Act 1971 (c.58)

      14. 14.Land Registration (Scotland) Act 1979 (c.33)

      15. 15.Solicitors (Scotland) Act 1980 (c.46)

      16. 16.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

      17. 17.Mental Health (Scotland) Act 1984 (c.36)

      18. 18.Insolvency Act 1986 (c.45)

      19. 19.Legal Aid (Scotland) Act 1986 (c.47)

      20. 20.Financial Services Act 1986 (c.60)

      21. 21.Access to Health Records Act 1990 (c.23)

      22. 22.Child Support Act 1991 (c.48)

      23. 23.Social Security Administration Act 1992 (c.5)

      24. 24.Health Service Commissioners Act 1993 (c.46)

      25. 25.Clean Air Act 1993 (c.11)

      26. 26.Criminal Procedure (Scotland) Act 1995 (c.46)

    6. SCHEDULE 6

      REPEALS