- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations amend the Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002 (“the 2002 Regulations”) and are in consequence of the commencement of section 60 of the Adult Support and Protection (Scotland) Act 2007 (asp 10) (“the 2007 Act”) which amends Part 6 of the Adults with Incapacity (Scotland) Act 2000 (“the Act”) in respect of the provisions on guardianship orders. They also update the forms to provide for the adult’s “named person” to be included in the list of those who must be consulted and notified of a recall of a guardian’s powers.
Regulation 2(2)(a) amends Schedule 1 to the 2002 Regulations to reflect the change in section 60(11) of the 2007 Act which restricts recall of welfare guardianships by the Mental Welfare Commission to those where incapacity is by reason of mental disorder.
Regulation 2(3)(a) amends Schedule 2 to the 2002 Regulations to reflect the new section 73A of the Act inserted by section 60(12) of the 2007 Act (which provides that a local authority may recall a guardianship where its chief social worker is the guardian).
Regulations 2(2)(b) and 2(3)(b) provide that the adult’s “named person” must be consulted where there is an application to the Mental Welfare Commission or the local authority for recall of a welfare guardianship.
Regulations 2(4) and (5) amend Schedules 4 and 5 of the 2002 Regulations to provide that the adult’s “named person” must be notified by the Mental Welfare Commission or the local authority where there is an application to recall a welfare guardianship.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: