Age of Legal Capacity (Scotland) Act 1991

5 Guardians of persons under 16

(1) Except insofar as otherwise provided in Schedule 1 to this Act, as from the commencement of this Act any reference in any rule of law, enactment or document to the tutor or tutory of a pupil child shall be construed as a reference to the guardian or, as the case may be, guardianship of a person under the age of 16 years; and accordingly the guardian of such a person shall have in relation to him and his estate the powers and duties which, immediately before such commencement, a tutor had in relation to his pupil.

(2) Subject to section 1(3)(f) above, as from the commencement of this Act no guardian of a person under the age of 16 years shall be appointed as such except under section 3 (orders as to parental rights) or section 4 (power of parent to appoint guardian) of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986.

(3) As from the commencement of this Act, no person shall, by reason of age alone, be subject to the curatory of another person.

(4) As from the commencement of this Act, no person shall be appointed as factor loco tutoris.