The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008 (Executive Note)

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The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008 (Executive Note)

Executive Note to the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008/55

EXECUTIVE NOTE

The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008

S.S.I. 2008/55

The above statutory instrument is made in exercise of the powers conferred by sections 57(3), 60(3) and 86(2) of the Adult with Incapacity (Scotland) Act 2000( )

1 (the 2000 Act) and of all other powers enabling them to do so. The instrument is subject to negative resolution procedure and comes into force on 1st April 2008.

Policy Objective

The Adult Support and Protection (Scotland) Act 2007 (the 2007 Act) made a number of changes to Part 6 of the 2000 Act including the creation of a simplified renewal process for guardianships. These Regulations make changes to Regulations 3, 4, 5 and 6 of and the Schedules to the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 (the 2002 Regulations)

(http://www.opsi.gov.uk/legislation/scotland/ssi2002/20020096.htm) to change existing, and to create new, forms to support the simplified renewal process for guardianships introduced by section 60(3) of the 2007 Act.

Background

Part 6 of the 2000 Act provides for the granting, renewal and termination of guardianship orders to safeguard the welfare and/or financial affairs of an adult who lacks the capacity to do so for him/herself. The 2007 Act made a number of changes in relation to Part 6 including introducing a simplified renewal process.

The new renewal process requires only one medical report (2 are required at present) which will be the existing report for renewal (at Sched...

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