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

[F1 Part 3 S Accounts and funds

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)

Authority to transfer funds S

26G Authority to transfer specified sums S

(1) A person mentioned in subsection (2) may apply to the Public Guardian for a certificate authorising the transfer of a specified sum from a specified account (“the original account”) in an adult's sole name to—

(a) the designated account;

(b) the adult's current account;

(c) the adult's second account; or

(d) such other account as may be specified.

(2) Those persons are—

(a) a withdrawer;

(b) a person who has applied for a withdrawal certificate under section 25;

(3) An application under subsection (1) may also seek authority—

(a) to close the original account;

(b) to terminate an arrangement for the payment of funds from the original account to another account (for example: a standing order or direct debit).

(4) Where the Public Guardian grants an application under subsection (1), the Public Guardian must—

(a) enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii); and

(b) issue the certificate to the applicant.

(5) In this section, “specified” means specified in the application under subsection (1) or, as the case may be, in the certificate granted under subsection (4).]