Adults with Incapacity (Scotland) Act 2000

[F1 26C Joint withdrawers: supplementary S

(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.]

Textual Amendments

F1 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. 3 4)