Chwilio Deddfwriaeth

Age of Legal Capacity (Scotland) Act 1991

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 5

 Help about opening options

Version Superseded: 01/11/1996

Alternative versions:

Status:

Point in time view as at 01/05/1995. This version of this provision has been superseded. Help about Status

Changes to legislation:

Age of Legal Capacity (Scotland) Act 1991, Section 5 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

5 Guardians of persons under 16.S

(1)Except insofar as otherwise provided in Schedule 1 to this Act, as from the commencement of this Act any reference in any rule of law, enactment or document to the tutor or tutory of a pupil child shall be construed as a reference to the guardian or, as the case may be, guardianship of a person under the age of 16 years; and accordingly the guardian of such a person shall have in relation to him and his estate the powers and duties which, immediately before such commencement, a tutor had in relation to his pupil.

(2)Subject to section 1(3)(f) above, as from the commencement of this Act no guardian of a person under the age of 16 years shall be appointed as such except under section 3 (orders as to parental rights) or section 4 (power of parent to appoint guardian) of the M1Law Reform (Parent and Child) (Scotland) Act 1986.

(3)As from the commencement of this Act, no person shall, by reason of age alone, be subject to the curatory of another person.

(4)As from the commencement of this Act, no person shall be appointed as factor loco tutoris.

Marginal Citations

Yn ôl i’r brig

Options/Help