The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005

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

(2) In section 1 (general principles and fundamental definitions) in subsection (4)(b) after “relative” insert “, named person”.

(3) In section 26 (application for authority to intromit)–

(a) in subsection (1), paragraph (d) after “relative” insert “, named person”; and

(b) in subsection (3) after “carer” insert “his named person”.

(4) In section 37 (residents whose affairs may be managed)–

(a) in subsection (3) at the end insert “and named person”; and

(b) in subsection (4)(a) at the end insert “and named person”.

(5) In section 41 (duties and functions of managers of authorised establishments) in paragraph (f) after “relative” insert “, his named person”.

(6) In section 66(3) (gifts) after “carer” insert “, his named person”.

(7) In section 72 (discharge of guardian with financial powers) in subsection (2) after “carer” insert “his named person”.

(8) In section 73 (recall of powers of guardian) in subsection (5) after “carer” insert “, his named person”.

(9) In section 87(1) (interpretation) after the definition of “Mental Welfare Commission” insert–

““named person” has the meaning given by section 329 of the 2003 Act;”.