Adults with Incapacity (Scotland) Act 2000
2000 asp 4 · Enacted 9 May 2000 · Extends to Scotland
An Act of the Scottish Parliament to make provision as to the property, financial affairs and personal welfare of adults who are incapable by reason of mental disorder or inability to communicate; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th March 2000 and received Royal Assent on 9th May 2000C1C2
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2
- C2
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Contents
- Part 1: GENERAL
- General
- 1General principles and fundamental definitions
- Judicial proceedings
- 2Applications and other proceedings and appeals
- 3Powers of sheriff
- 4Power of Court of Session or sheriff with regard to nearest relative
- 5Safeguarding of interests in Court of Session appeals or proceedings
- The Public Guardian
- 6The Public Guardian and his functions
- 7The Public Guardian: further provision
- Expenses in court proceedings
- 8Expenses in court proceedings
- The Mental Welfare Commission
- 9Functions of the Mental Welfare Commission
- Local authorities
- 10Functions of local authorities
- Intimation
- 11Intimation not required in certain circumstances
- Investigations
- 12Investigations
- Codes of practice
- 13Codes of practice
- Appeal against decision as to incapacity
- 14Appeal against decision as to incapacity
- Part 2: CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY
- 15Creation of continuing power of attorney
- 16Creation and exercise of welfare power of attorney
- 16AContinuing and welfare power of attorney: accompanying certificate
- 17Attorney not obliged to act in certain circumstances
- 18Power of attorney not granted in accordance with this Act
- 19Registration of continuing or welfare power of attorney
- 19AElectronic copies
- 20Powers of sheriff
- 21Records: attorneys
- 22Notification to Public Guardian
- 22ARevocation of continuing or welfare power of attorney
- 23Resignation of continuing or welfare attorney
- 24Termination of continuing or welfare power of attorney
- Part 3: Accounts and funds
- Purposes and application of Part
- 24AIntromissions with funds
- 24BAdults in respect of whom applications may be made
- Authority to take preliminary steps
- 24CAuthority to provide information about funds
- 24DAuthority to open account in adult's name
- Authority to intromit
- 25Authority to intromit
- 26Authority to intromit: application
- Withdrawal certificates
- 26AWithdrawal certificates
- Joint and reserve withdrawers
- 26BAddition of joint withdrawer
- 26CJoint withdrawers: supplementary
- 26DReserve withdrawers: applications
- 26EReserve withdrawers: authority to act
- Variation of withdrawer's authority
- 26FVariation of withdrawal certificate
- Authority to transfer funds
- 26GAuthority to transfer specified sums
- Applications: general
- 27Applications: general requirements
- 27ACountersigning of applications
- 27BMedical certificates
- 27CIntimation of applications
- 27DDetermination of applications: applicant to be fit and proper
- 27EDetermination of applications: opportunity to make representations
- 27FReferral of application to sheriff
- 27GMultiple applications etc.
- Fundholders
- 28Fundholders of adult's current account and adult's second account
- 28AFundholder of original account
- 29Fundholder's liability
- Withdrawers
- 30ANotification of change of address
- 30BRecords and inquiries
- Duration etc. of authority
- 31Duration of withdrawal certificate
- 31ASuspension and termination of authority
- 31BRenewal of authority to intromit
- 31CDuration of certificates issued under section 24C, 24D, and 26G etc.
- Appeals
- 31DAppeals
- Transition from guardianship
- 31ETransition from guardianship
- Miscellaneous
- 32Joint accounts
- Interpretation
- 33Interpretation of Part
- Part 4: MANAGEMENT OF RESIDENTS’ FINANCES
- 35Application of Part 4
- 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 37Residents whose affairs may be managed
- 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 39Matters which may be managed
- 40Supervisory bodies
- 41Duties and functions of managers of authorised establishment
- 42Authorisation of named manager to withdraw from resident’s account
- 43Statement of resident’s affairs
- 44Resident ceasing to be resident of authorised establishment
- 45Appeal, revocation etc.
- 46Disapplication of Part 4
- Part 5: MEDICAL TREATMENT AND RESEARCH
- 47Authority of persons responsible for medical treatment
- 48Exceptions to authority to treat
- 49Medical treatment where there is an application for intervention or guardianship order
- 50Medical treatment where guardian etc. has been appointed
- 51Authority for research
- 52Appeal against decision as to medical treatment
- Part 6: INTERVENTION ORDERS AND GUARDIANSHIP ORDERS
- Intervention orders
- 53Intervention orders
- 54Records: intervention orders
- 55Notification of change of address
- 56Registration of intervention order relating to heritable property
- 56ADeath of person authorised to intervene
- Guardianship orders
- 57Application for guardianship order
- 58Disposal of application
- 59Who may be appointed as guardian
- 60Renewal of guardianship order by sheriff
- 61Registration of guardianship order relating to heritable property
- Joint and substitute guardians
- 62Joint guardians
- 63Substitute guardian
- Functions etc. of guardian
- 64Functions and duties of guardian
- 65Records: guardians
- 66Gifts
- 67Effect of appointment and transactions of guardian
- 68Reimbursement and remuneration of guardian
- 69Forfeiture of guardian’s remuneration
- 70Non-compliance with decisions of guardian with welfare powers
- Termination and variation of guardianship and replacement, removal or resignation of guardian
- 71Replacement or removal of guardian or recall of guardianship by sheriff
- 72Discharge of guardian with financial powers
- 73Recall of powers of guardian
- 73ARecall of chief social work officer's guardianship powers
- 74Variation of guardianship order
- 75Resignation of guardian
- 75ADeath of guardian
- 76Change of habitual residence
- Termination of authority to intervene and guardianship on death of adult
- 77Termination of authority to intervene and guardianship on death of adult
- 78Amendment of registration under section 61 on events affecting guardianship or death of adult
- 79Protection of third parties: guardianship
- Guardianship orders: children
- 79AGuardianship orders: children
- Part 7: MISCELLANEOUS
- 80Future appointment of curator bonis etc. incompetent
- 81Repayment of funds
- 81APublic Guardian's power to obtain records
- 82Limitation of liability
- 83Offence of ill-treatment and wilful neglect
- 84Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
- 84AApplication to storage of gametes without adult's consent where adult is incapable
- 84BApplication to use of human cells to create an embryo in vitro without adult's consent
- 85Jurisdiction and private international law
- 86Regulations
- 87Interpretation
- 88Continuation of existing powers, minor and consequential amendments and repeals
- 89Citation and commencement Not yet in force
- Schedule 1: MANAGERS OF AN ESTABLISHMENT
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: MANAGEMENT OF ESTATE OF ADULT
- 1Management plan
- 2Directions from sheriff
- 3Inventory of estate
- 4Money
- 5Powers relating to investment and carrying on of business by guardian
- 6Purchase or disposal of accommodation
- 7Accounting and auditing
- 8Approval of accounts
- Schedule 3: JURISDICTION AND PRIVATE INTERNATIONAL LAW
- 1General
- 2Appropriate sheriff
- 3Applicable law
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Recognition and enforcement
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention
- 12General
- 13Paragraph 13
- 14Paragraph 14
- Schedule 4: CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT
- 1Curators and tutors
- 2Guardians
- 3Proceedings relating to existing appointments
- 4Attorneys
- 5Managers
- 6Application of Act to persons who become guardians by virtue of this schedule
- 7Transitional Provisions
- 8Interpretation
- Schedule 5: MINOR AND CONSEQUENTIAL AMENDMENTS
- 1General
- 2Defence Act 1842 (c.94)
- 3Judicial Factors Act 1849 (c.51)
- 4Improvement of Land Act 1864 (c.114) Not yet in force
- 5Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)
- 6Judicial Factors (Scotland) Act 1889 (c.39)
- 7Heritable Securities (Scotland) Act 1894 (c.44)
- 8National Assistance Act 1948 (c.29)
- 9Offices, Shops and Railway Premises Act 1963 (c.41)
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Medicines Act 1968 (c.67)
- 13Sheriff Courts (Scotland) Act 1971 (c.58)
- 14Land Registration (Scotland) Act 1979 (c.33)
- 15Solicitors (Scotland) Act 1980 (c.46)
- 16Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
- 17Mental Health (Scotland) Act 1984 (c.36)
- 18Insolvency Act 1986 (c.45)
- 19Legal Aid (Scotland) Act 1986 (c.47)
- 20Financial Services Act 1986 (c.60)
- 21Access to Health Records Act 1990 (c.23)
- 22Child Support Act 1991 (c.48)
- 23Social Security Administration Act 1992 (c.5)
- 24Health Service Commissioners Act 1993 (c.46)
- 25Clean Air Act 1993 (c.11)
- 26Criminal Procedure (Scotland) Act 1995 (c.46)
- Schedule 6REPEALS