F1Part 3Accounts and funds
Joint and reserve withdrawers
26CJoint withdrawers: supplementary
1
Joint withdrawers may, subject to subsection (2), exercise their functions individually, and each joint withdrawer is liable for any loss incurred by the adult arising out of—
a
the joint withdrawer's own acts or omissions; or
b
the joint withdrawer's failure to take reasonable steps to ensure that another joint withdrawer does not breach any duty of care or fiduciary duty owed to the adult.
2
Where more than one joint withdrawer is liable under subsection (1), they are liable jointly and severally.
3
A joint withdrawer must, before exercising any function conferred on the joint withdrawer, consult the other joint withdrawers, unless—
a
consultation would be impracticable in the circumstances; or
b
the joint withdrawers agree that consultation is not necessary.
4
Where joint withdrawers disagree as to the exercise of their functions, one or more of them may apply to the Public Guardian for directions.
5
Directions given by the Public Guardian in pursuance of subsection (4) may be appealed to the sheriff, whose decision is final.
6
Where there are joint withdrawers—
a
a third party in good faith is entitled to rely on the authority to act of any one or more of them; and
b
section 31A(5) (interim authority) only applies where the Public Guardian terminates the authority of all of the joint withdrawers.
Pt. 3 substituted (1.4.2008) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 58, 79(3); S.S.I. 2008/49, art. 2(1) (with arts. 34)