Explanatory note

These Regulations are in consequence of the commencement of section 58 of the Adult Support and Protection (Scotland) Act 2007 (asp 10) which substitutes a new Part 3 (accounts and funds) in the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the Act”).

Regulation 2 prescribes the details that the applicant must notify to the Public Guardian when an account is opened under Part 3 of the Act.

Regulation 3 and the Schedule to these Regulations prescribe the form of certificate from a medical practitioner which must accompany an application to the Public Guardian under section 24C, 24D or 25. 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 interests in, the funds. Regulation 4 prescribes the period in which an applicant must object if the Public Guardian proposes to refuse an application under Part 3 of the Act. Regulation 5 revokes the previous Regulations.