Adults with Incapacity (Scotland) Act 2000

87 Interpretation S

(1) In this Act, unless the context otherwise requires—

• “adult” shall be construed in accordance with section 1;

• “continuing attorney” shall be construed in accordance with section 15;

• “guardianship order” shall be construed in accordance with section 58;

• “incapable” and “incapacity” shall be construed in accordance with section 1;

• “intervention order” shall be construed in accordance with section 53;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), and references to a local authority shall be construed as references to the local authority for the area in which the adult resides;

• “managers of an establishment” shall be construed in accordance with schedule 1;

• “mental disorder” [F1 has the meaning given by section 328 of the 2003 Act];

• [F2 “mental health officer” has the meaning given by section 329 of the 2003 Act;]

• “Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by [F3 section 4 of the 2003 Act];

• [F4 “named person” has the meaning given by section 329 of the 2003 Act;]

• “nearest relative” [F5 has the meaning given by section 254 of the 2003 Act];

• “office holder”, in relation to a guardian, means the chief social work officer of the local authority;

• “person claiming an interest” includes the local authority, the Mental Welfare Commission and the Public Guardian;

• “power of attorney” includes a factory and commission;

• [F6 “practising solicitor” means a solicitor holding a practising certificate issued in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (c. 46);]

• “prescribe”, except for the purposes of anything which may be or is to be prescribed by the Public Guardian, means prescribe by regulations; and “prescribed” shall be construed accordingly;

• “primary carer” in relation to an adult, means the person or organisation primarily engaged in caring for him;

• “Public Guardian” shall be construed in accordance with section 6;

• “State hospital” shall be construed in accordance with section 102 of the National Health Service (Scotland) Act 1978 (c.29);

• “substitute guardian” shall be construed in accordance with section 63;

• “welfare attorney” shall be construed in accordance with section 16;

• “withdrawer” shall be construed in accordance with section 26;

• “the 1984 Act” means the Mental Health (Scotland) Act 1984 (c.36).

• [F7 “the 2003 Act” means the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13).]

[F8 (1A) Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.]

(2) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this Act, a person is bankrupt if his estate has been sequestrated for insolvency or he has granted a trust deed which has become a protected trust deed under Schedule [F11 4 of the Bankruptcy (Scotland) Act 2016], or he has been adjudged bankrupt in England and Wales, or he has become bankrupt (however expressed) under the law of any other country.

Textual Amendments

F1 S. 87(1): words in definition of "mental disorder" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(a); S.S.I. 2005/161, art. 3

F2 S. 87(1): definition of "mental health officer" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(b); S.S.I. 2005/161, art. 3

F3 S. 87(1): words in definition of "Mental Welfare Commission" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(c); S.S.I. 2005/161, art. 3

F4 S. 87(1): definition of "named person" inserted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/ 465), arts. 1, 2, {Sch. 1 para. 28(9)}

F5 S. 87(1): words in definition of "nearest relative" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(d); S.S.I. 2005/161, art. 3

F6 S. 87(1): definition of "practising solicitor" inserted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 57(9), 79; S.S.I. 2007/334, art. 2(b), Sch. 2 (with savings in arts. 4-6)

F7 S. 87(1): definition of "the 2003 Act" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(e); S.S.I. 2005/161, art. 3

F8 S. 87(1A) inserted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 77(1), 79, Sch. 1 para. 5(e); S.S.I. 2007/334, art. 2(b), Sch. 2 (with savings in arts. 4-6)

F9 S. 87(2)(3) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 5; S.S.I. 2005/161, art. 3; S. 87(2)(3) expressed to be repealed by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263, Sch. 30; S.S.I. 2005/604, art. 2

F10 S. 87(2)(3) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 5; S.S.I. 2005/161, art. 3; S. 87(2)(3) expressed to be repealed by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263, Sch. 30; S.S.I. 2005/604, art. 2

F11 Words in s. 87(4) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 16 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2