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The Adults with Incapacity (Certificates from Medical Practitioners) (Accounts and Funds) (Scotland) Regulations 2001

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Scottish Statutory Instruments

2001 No. 76

ADULTS WITH INCAPACITY

The Adults with Incapacity (Certificates from Medical Practitioners) (Accounts and Funds) (Scotland) Regulations 2001

Made

7th March 2001

Laid before the Scottish Parliament

8th March 2001

Coming into force

2nd April 2001

The Scottish Ministers, in exercise of the powers conferred by sections 26(1)(f) and 86(2) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Adults with Incapacity (Certificates from Medical Practitioners) (Accounts and Funds) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Certificate from a medical practitioner

2.  The certificate from a medical practitioner for the purposes of section 26(1)(f) of the Adults with Incapacity (Scotland) Act 2000 shall be in the form set out in the Schedule.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th March 2001

Regulation 2

SCHEDULEAdults with Incapacity (Scotland) Act 2000 (“the Act”)

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form of certificate from a medical practitioner to accompany an application to the Public Guardian under Part 3 of the Adults with Incapacity (Scotland) Act 2000 for authority to intromit with funds.

The certificate is set out in the Schedule to these Regulations. The certificate is completed by a medical practitioner who will confirm that the adult is incapable in relation to decisions about, or incapable of acting to safeguard or promote that adult’s interest in, the funds.

(1)

2000 asp 4. See section 87(1) for the definition of “prescribed” and section 86(1) as to power to make regulations

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