SCHEDULE 1Minor and consequential amendments

(introduced by section 77(1))

National Assistance Act 1948 (c. 29)

1

The National Assistance Act 1948 is amended as follows—

a

in section 26(4)—

i

for “Subsections (5A), (7) and (9)” substitute “ Subsection (5A) ”, and

ii

for “they apply” substitute “ it applies ”,

b

in section 51—

i

in subsection (1), for “, himself or any other person” substitute “ him ”,

ii

in subsection (3), after “conviction” insert “ to imprisonment for a term not exceeding 3 months. ”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

2

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—

a

in section 7(2)(a), for “1984” substitute “ 2003 ”,

b

in section 16—

i

in paragraph (b) of the definition of “mental disorder”, for the words “section 1(2) of the 1984 Act” substitute “ section 328 of the 2003 Act ”,

ii

in the definition of “State hospital”, for “1984” substitute “ 2003 ” .

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

4

The Criminal Procedure (Scotland) Act 1995 is amended as follows—

a

in section 58(6)(d), for “person” substitute “ person's personal welfare which makes the same provision as the guardianship order which the court proposes to make under this section ”,

b

in section 58(7)—

i

after “order”, where first occurring, insert “ made under this section ”,

ii

for “offender” substitute “ person ” and for “offender's” substitute “ person's ”,

c

in section 60B, the words “under section 58(1) of this Act” are repealed.

Adults with Incapacity (Scotland) Act 2000 (asp 4)

5

The Adults with Incapacity (Scotland) Act 2000 is amended as follows—

a

in section 6(2)(b)(iii), for “to intromit” substitute “ relating to intromission ”,

b

in section 39(1)(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

c

in section 41(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

d

in section 47, after subsection (2) insert—

2A

Subsection (2)—

a

does not affect any authority conferred by any other enactment or rule of law; and

b

is subject to—

i

the following provisions of this section;

ii

sections 49 and 50; and

iii

sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.

e

in section 87, after subsection (1) insert—

1A

Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.

f

in paragraph 6(2) of schedule 2, after “carer” insert “ , his named person ”,

g

in paragraph 3(3) of schedule 3, for “18” substitute “ 20 ”,

h

for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

3

Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).

4

Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

6

In paragraph 3(1)(b) of schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “a minimum of three” substitute “ one or more ”.