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Adults with Incapacity (Scotland) Act 2000

2000 asp 4 · Enacted 9 May 2000 · Extends to Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2021.

See the changes not yet applied
ProvisionChangeMade by
sch. 5 para. 3repealedJudicial Factors (Scotland) Act 2025 sch. 3 Pt. 1
sch. 5 para. 6repealedJudicial Factors (Scotland) Act 2025 sch. 3 Pt. 1

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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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

  1. Part 1: GENERAL
  2. General
  3. 1General principles and fundamental definitions
  4. Judicial proceedings
  5. 2Applications and other proceedings and appeals
  6. 3Powers of sheriff
  7. 4Power of Court of Session or sheriff with regard to nearest relative
  8. 5Safeguarding of interests in Court of Session appeals or proceedings
  9. The Public Guardian
  10. 6The Public Guardian and his functions
  11. 7The Public Guardian: further provision
  12. Expenses in court proceedings
  13. 8Expenses in court proceedings
  14. The Mental Welfare Commission
  15. 9Functions of the Mental Welfare Commission
  16. Local authorities
  17. 10Functions of local authorities
  18. Intimation
  19. 11Intimation not required in certain circumstances
  20. Investigations
  21. 12Investigations
  22. Codes of practice
  23. 13Codes of practice
  24. Appeal against decision as to incapacity
  25. 14Appeal against decision as to incapacity
  26. Part 2: CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY
  27. 15Creation of continuing power of attorney
  28. 16Creation and exercise of welfare power of attorney
  29. 16AContinuing and welfare power of attorney: accompanying certificate
  30. 17Attorney not obliged to act in certain circumstances
  31. 18Power of attorney not granted in accordance with this Act
  32. 19Registration of continuing or welfare power of attorney
  33. 19AElectronic copies
  34. 20Powers of sheriff
  35. 21Records: attorneys
  36. 22Notification to Public Guardian
  37. 22ARevocation of continuing or welfare power of attorney
  38. 23Resignation of continuing or welfare attorney
  39. 24Termination of continuing or welfare power of attorney
  40. Part 3: Accounts and funds
  41. Purposes and application of Part
  42. 24AIntromissions with funds
  43. 24BAdults in respect of whom applications may be made
  44. Authority to take preliminary steps
  45. 24CAuthority to provide information about funds
  46. 24DAuthority to open account in adult's name
  47. Authority to intromit
  48. 25Authority to intromit
  49. 26Authority to intromit: application
  50. Withdrawal certificates
  51. 26AWithdrawal certificates
  52. Joint and reserve withdrawers
  53. 26BAddition of joint withdrawer
  54. 26CJoint withdrawers: supplementary
  55. 26DReserve withdrawers: applications
  56. 26EReserve withdrawers: authority to act
  57. Variation of withdrawer's authority
  58. 26FVariation of withdrawal certificate
  59. Authority to transfer funds
  60. 26GAuthority to transfer specified sums
  61. Applications: general
  62. 27Applications: general requirements
  63. 27ACountersigning of applications
  64. 27BMedical certificates
  65. 27CIntimation of applications
  66. 27DDetermination of applications: applicant to be fit and proper
  67. 27EDetermination of applications: opportunity to make representations
  68. 27FReferral of application to sheriff
  69. 27GMultiple applications etc.
  70. Fundholders
  71. 28Fundholders of adult's current account and adult's second account
  72. 28AFundholder of original account
  73. 29Fundholder's liability
  74. Withdrawers
  75. 30ANotification of change of address
  76. 30BRecords and inquiries
  77. Duration etc. of authority
  78. 31Duration of withdrawal certificate
  79. 31ASuspension and termination of authority
  80. 31BRenewal of authority to intromit
  81. 31CDuration of certificates issued under section 24C, 24D, and 26G etc.
  82. Appeals
  83. 31DAppeals
  84. Transition from guardianship
  85. 31ETransition from guardianship
  86. Miscellaneous
  87. 32Joint accounts
  88. Interpretation
  89. 33Interpretation of Part
  90. Part 4: MANAGEMENT OF RESIDENTS’ FINANCES
  91. 35Application of Part 4
  92. 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  93. 37Residents whose affairs may be managed
  94. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  95. 39Matters which may be managed
  96. 40Supervisory bodies
  97. 41Duties and functions of managers of authorised establishment
  98. 42Authorisation of named manager to withdraw from resident’s account
  99. 43Statement of resident’s affairs
  100. 44Resident ceasing to be resident of authorised establishment
  101. 45Appeal, revocation etc.
  102. 46Disapplication of Part 4
  103. Part 5: MEDICAL TREATMENT AND RESEARCH
  104. 47Authority of persons responsible for medical treatment
  105. 48Exceptions to authority to treat
  106. 49Medical treatment where there is an application for intervention or guardianship order
  107. 50Medical treatment where guardian etc. has been appointed
  108. 51Authority for research
  109. 52Appeal against decision as to medical treatment
  110. Part 6: INTERVENTION ORDERS AND GUARDIANSHIP ORDERS
  111. Intervention orders
  112. 53Intervention orders
  113. 54Records: intervention orders
  114. 55Notification of change of address
  115. 56Registration of intervention order relating to heritable property
  116. 56ADeath of person authorised to intervene
  117. Guardianship orders
  118. 57Application for guardianship order
  119. 58Disposal of application
  120. 59Who may be appointed as guardian
  121. 60Renewal of guardianship order by sheriff
  122. 61Registration of guardianship order relating to heritable property
  123. Joint and substitute guardians
  124. 62Joint guardians
  125. 63Substitute guardian
  126. Functions etc. of guardian
  127. 64Functions and duties of guardian
  128. 65Records: guardians
  129. 66Gifts
  130. 67Effect of appointment and transactions of guardian
  131. 68Reimbursement and remuneration of guardian
  132. 69Forfeiture of guardian’s remuneration
  133. 70Non-compliance with decisions of guardian with welfare powers
  134. Termination and variation of guardianship and replacement, removal or resignation of guardian
  135. 71Replacement or removal of guardian or recall of guardianship by sheriff
  136. 72Discharge of guardian with financial powers
  137. 73Recall of powers of guardian
  138. 73ARecall of chief social work officer's guardianship powers
  139. 74Variation of guardianship order
  140. 75Resignation of guardian
  141. 75ADeath of guardian
  142. 76Change of habitual residence
  143. Termination of authority to intervene and guardianship on death of adult
  144. 77Termination of authority to intervene and guardianship on death of adult
  145. 78Amendment of registration under section 61 on events affecting guardianship or death of adult
  146. 79Protection of third parties: guardianship
  147. Guardianship orders: children
  148. 79AGuardianship orders: children
  149. Part 7: MISCELLANEOUS
  150. 80Future appointment of curator bonis etc. incompetent
  151. 81Repayment of funds
  152. 81APublic Guardian's power to obtain records
  153. 82Limitation of liability
  154. 83Offence of ill-treatment and wilful neglect
  155. 84Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
  156. 84AApplication to storage of gametes without adult's consent where adult is incapable
  157. 84BApplication to use of human cells to create an embryo in vitro without adult's consent
  158. 85Jurisdiction and private international law
  159. 86Regulations
  160. 87Interpretation
  161. 88Continuation of existing powers, minor and consequential amendments and repeals
  162. 89Citation and commencement Not yet in force
  163. Schedule 1: MANAGERS OF AN ESTABLISHMENT
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. Schedule 2: MANAGEMENT OF ESTATE OF ADULT
  167. 1Management plan
  168. 2Directions from sheriff
  169. 3Inventory of estate
  170. 4Money
  171. 5Powers relating to investment and carrying on of business by guardian
  172. 6Purchase or disposal of accommodation
  173. 7Accounting and auditing
  174. 8Approval of accounts
  175. Schedule 3: JURISDICTION AND PRIVATE INTERNATIONAL LAW
  176. 1General
  177. 2Appropriate sheriff
  178. 3Applicable law
  179. 4Paragraph 4
  180. 5Paragraph 5
  181. 6Paragraph 6
  182. 7Recognition and enforcement
  183. 8Paragraph 8
  184. 9Paragraph 9
  185. 10Paragraph 10
  186. 11Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention
  187. 12General
  188. 13Paragraph 13
  189. 14Paragraph 14
  190. Schedule 4: CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT
  191. 1Curators and tutors
  192. 2Guardians
  193. 3Proceedings relating to existing appointments
  194. 4Attorneys
  195. 5Managers
  196. 6Application of Act to persons who become guardians by virtue of this schedule
  197. 7Transitional Provisions
  198. 8Interpretation
  199. Schedule 5: MINOR AND CONSEQUENTIAL AMENDMENTS
  200. 1General
  201. 2Defence Act 1842 (c.94)
  202. 3Judicial Factors Act 1849 (c.51)
  203. 4Improvement of Land Act 1864 (c.114) Not yet in force
  204. 5Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)
  205. 6Judicial Factors (Scotland) Act 1889 (c.39)
  206. 7Heritable Securities (Scotland) Act 1894 (c.44)
  207. 8National Assistance Act 1948 (c.29)
  208. 9Offices, Shops and Railway Premises Act 1963 (c.41)
  209. 10Paragraph 10 Not yet in force
  210. 11Paragraph 11 Not yet in force
  211. 12Medicines Act 1968 (c.67)
  212. 13Sheriff Courts (Scotland) Act 1971 (c.58)
  213. 14Land Registration (Scotland) Act 1979 (c.33)
  214. 15Solicitors (Scotland) Act 1980 (c.46)
  215. 16Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
  216. 17Mental Health (Scotland) Act 1984 (c.36)
  217. 18Insolvency Act 1986 (c.45)
  218. 19Legal Aid (Scotland) Act 1986 (c.47)
  219. 20Financial Services Act 1986 (c.60)
  220. 21Access to Health Records Act 1990 (c.23)
  221. 22Child Support Act 1991 (c.48)
  222. 23Social Security Administration Act 1992 (c.5)
  223. 24Health Service Commissioners Act 1993 (c.46)
  224. 25Clean Air Act 1993 (c.11)
  225. 26Criminal Procedure (Scotland) Act 1995 (c.46)
  226. Schedule 6REPEALS