Adults with Incapacity (Scotland) Act 2000

Valid from 01/04/2008

[F173ARecall of chief social work officer's guardianship powersS

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a local authority's chief social work officer is appointed as a guardian; and

(b)either—

(i)the local authority wish to recall their chief social work officer's guardianship powers at their own instance; or

(ii)another person (including the adult himself) applies to the local authority for such a recall.

(2)Where this section applies—

(a)the local authority shall, for the purposes of section 73(5), treat the Public Guardian and the Mental Welfare Commission as persons whom they consider to have an interest in the recall of the guardian's powers; and

(b)if the Public Guardian, the Mental Welfare Commission or any other person to whom intimation is given under section 73(5) objects to the recall of the guardian's powers, the local authority—

(i)shall not recall the guardian's powers; but

(ii)shall instead remit the matter for determination by the sheriff under section 73(8).]

Textual Amendments