Adults with Incapacity (Scotland) Act 2000

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. 19A. Electronic copies

   8. 20. Powers of sheriff

   9. 21. Records: attorneys

   10. 22. Notification to Public Guardian

   11. 22A. Revocation of continuing or welfare power of attorney

   12. 23. Resignation of continuing or welfare attorney

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

4. 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. Authority to intromit

      1. 25. Authority to intromit

      2. 26. Authority to intromit: application

   4. Withdrawal certificates

      1. 26A. Withdrawal certificates

   5. 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

   6. Variation of withdrawer's authority

      1. 26F. Variation of withdrawal certificate

   7. Authority to transfer funds

      1. 26G. Authority to transfer specified sums

   8. Applications: general

      1. 27. Applications: general requirements

      2. 27A. Countersigning of applications

      3. 27B. Medical certificates

      4. 27C. Intimation of applications

      5. 27D. Determination of applications: applicant to be fit and proper

      6. 27E. Determination of applications: opportunity to make representations

      7. 27F. Referral of application to sheriff

      8. 27G. Multiple applications etc.

   9. Fundholders

      1. 28. Fundholders of adult's current account and adult's second account

      2. 28A. Fundholder of original account

      3. 29. Fundholder's liability

   10. Withdrawers

       1. 30A. Notification of change of address

       2. 30B. Records and inquiries

   11. Duration etc. of authority

       1. 31. Duration of withdrawal certificate

       2. 31A. Suspension and termination of authority

       3. 31B. Renewal of authority to intromit

       4. 31C. Duration of certificates issued under section 24C, 24D, and 26G etc.

   12. Appeals

       1. 31D. Appeals

   13. Transition from guardianship

       1. 31E. Transition from guardianship

   14. Miscellaneous

       1. 32. Joint accounts

   15. Interpretation

       1. 33. Interpretation of Part

5. PART 4 MANAGEMENT OF RESIDENTS’ FINANCES

   1. 35. Application of Part 4

   2. 36. MANAGEMENT OF RESIDENTS’ FINANCES

   3. 37. Residents whose affairs may be managed

   4. 38. MANAGEMENT OF RESIDENTS’ FINANCES

   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

6. 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

7. 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

8. 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. 84A. Application to storage of gametes without adult's consent where adult is incapable

   8. 84B. Application to use of human cells to create an embryo in vitro without adult's consent

   9. 85. Jurisdiction and private international law

   10. 86. Regulations

   11. 87. Interpretation

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

   13. 89. Citation and commencement

9. 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