Adults with IncapacityI12

1

The Summary Application Rules are amended in accordance with the following subparagraphs.

2

In rule 3.16.1 (Interpretation)5, for the definition of “guardianship order” substitute—

  • “guardianship order” means an order made under—

    1. a

      section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995; or

    2. b

      section 58(4) of the 2000 Act;

3

In rule 3.16.4 (Service of application and renewal proceedings)6—

a

in paragraph (1) at the end of head (ii) of subparagraph (i), insert “and”;

b

in paragraph (4)—

i

at the beginning of subparagraph (a), insert “immediately”;

ii

in subparagraph (b) before “complete”, insert “, and in any event before the date of the hearing specified in Form 20,”.

4

In rule 3.16.8 (Subsequent applications)7—

a

after paragraph (1), insert—

1ZA

Where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, an application to renew it shall be made—

a

on the first such application, in Form 23;

b

on any subsequent application, in the form of a minute lodged in the process.

b

in paragraph (1A) for “any such minute” substitute “any minute lodged under this rule”.

5

In Form 21 (Form of notice to managers)8 after “You are requested”, insert “immediately on receipt”.