Article 5.50 Examinee unfit for examination
Where the examinee is a person who lacks capacity within the meaning of the Adults with Incapacity (Scotland) Act 2000 M1 (“the 2000 Act”) or is unfit to undergo or attend for public examination, the court may—
sist the order for the examinee's public examination; or
order that it is to be conducted in such manner and at such place as it thinks just.
The applicant for an order under paragraph (1) must be—
a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the examinee; or
a person who appears to the court to be a suitable person to make the application.
The application must, unless the examinee is a person who lacks capacity within the meaning of the 2000 Act, be supported by the affidavit of a registered medical practitioner as to the examinee's mental and physical condition.
At least 5 business days' notice of the application must be given to the liquidator.
Annotations
Marginal citations
- M1