Rule 3.16.1 InterpretationF1

In this Part–

• F2...

• “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000;

• F3“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;

• F4“adult” means a person who is the subject of an application under the 2000 Act and–

  1. (a)

     has attained the age of 16 years; or

  2. (b)

     in relation to an application for a guardianship order, will attain the age of 16 years within 3 months of the date of the application;

• “authorised establishment” has the meaning ascribed to it in section 35(2) of the 2000 Act;

• “continuing attorney” means a person on whom there has been conferred a power of attorney granted under section 15(1) of the 2000 Act;

• F5“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;

• “incapable” has the meaning ascribed to it at section 1(6) of the 2000 Act, and “incapacity” shall be construed accordingly;

• F6“intervention order” means an order made under section 53(1) of the 2000 Act;

• “local authority” has the meaning ascribed to it by section 87(1) of the 2000 Act;

• “managers” has the meaning ascribed to it in paragraph 1 of Schedule 1 to the 2000 Act;

• F7“Mental Welfare Commission” has the meaning ascribed to it by section 87(1) of the 2000 Act;

• F8“named person” has the meaning ascribed to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

• “nearest relative” means, subject to section 87(2) of the 2000 Act, the person who would be, or would be exercising the functions of, the adult’s nearest relative under sections 53 to 57 of the 1984 Act if the adult were a patient within the meaning of that Act and notwithstanding that the person neither is or was caring for the adult for the purposes of section 53(3) of that Act;

• “power of attorney” includes a factory and commission;

• “primary carer” means the person or organisation primarily engaged in caring for an adult;

• “Public Guardian” shall be construed in accordance with section 6 of the 2000 Act; and

• “welfare attorney” means a person on whom there has been conferred a power of attorney granted under section 16(1) of the 2000 Act.