Adults with Incapacity (Scotland) Act 2000 (Version in vigour from 2021-09-30 to )

Consolidated Text

As Enacted

Cited authorities 185

Cited in

Currency	No known outstanding effects
Coming into Force	30 September 2021

Contenidos

Adults with Incapacity (Scotland) Act 2000
PART 1: GENERAL

General

1: General principles and fundamental definitions

Judicial proceedings

2: Applications and other proceedings and appeals
3: Powers of sheriff
4: Power of Court of Session or sheriff with regard to nearest relative
5: Safeguarding of interests in Court of Session appeals or proceedings

The Public Guardian

6: The Public Guardian and his functions
7: The Public Guardian: further provision

Expenses in court proceedings

8: Expenses in court proceedings

The Mental Welfare Commission

9: Functions of the Mental Welfare Commission

Local authorities

10: Functions of local authorities

Intimation

11: Intimation not required in certain circumstances

Investigations

12: Investigations

Codes of practice

13: Codes of practice

Appeal against decision as to incapacity

14: Appeal against decision as to incapacity: A decision taken for the purposes of this Act, other than by the sheriff, as to the incapacity of an adult may be appealed by—

PART 2: CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY

15: Creation of continuing power of attorney

16: Creation and exercise of welfare power of attorney

16A: Continuing and welfare power of attorney: accompanying certificate: Where a document confers both—

17: Attorney not obliged to act in certain circumstances
18: Power of attorney not granted in accordance with this Act
19: Registration of continuing or welfare power of attorney

19A: Electronic copies

20: Powers of sheriff

21: Records: attorneys
22: Notification to Public Guardian

22A: Revocation of continuing or welfare power of attorney

23: Resignation of continuing or welfare attorney

24: Termination of continuing or welfare power of attorney

Part 3: Accounts and funds

Purposes and application of Part

24A: Intromissions with funds
24B: Adults in respect of whom applications may be made

Authority to take preliminary steps

24C: Authority to provide information about funds
24D: Authority to open account in adult's name

Authority to intromit

25: Authority to intromit
26: Authority to intromit: application

Withdrawal certificates

26A: Withdrawal certificates

Joint and reserve withdrawers

26B: Addition of joint withdrawer
26C: Joint withdrawers: supplementary
26D: Reserve withdrawers: applications
26E: Reserve withdrawers: authority to act

Variation of withdrawer's authority

26F: Variation of withdrawal certificate

Authority to transfer funds

26G: Authority to transfer specified sums

Applications: general

27: Applications: general requirements: An application under section 24C, 24D, 25, 26B, 26D, 26F or 26G must—
27A: Countersigning of applications
27B: Medical certificates: An application under section 24C, 24D, or 25 must be accompanied by a certificate in prescribed form from a medical practitioner that the adult is—
27C: Intimation of applications
27D: Determination of applications: applicant to be fit and proper
27E: Determination of applications: opportunity to make representations
27F: Referral of application to sheriff
27G: Multiple applications etc.

Fundholders

28: Fundholders of adult's current account and adult's second account
28A: Fundholder of original account
29: Fundholder's liability

Withdrawers

30A: Notification of change of address
30B: Records and inquiries

Duration etc. of authority

31: Duration of withdrawal certificate
31A: Suspension and termination of authority
31B: Renewal of authority to intromit
31C: Duration of certificates issued under section 24C, 24D, and 26G etc.

Appeals

31D: Appeals

Transition from guardianship

31E: Transition from guardianship

Miscellaneous

32: Joint accounts: Where an individual who along with one or more others is the holder of a joint account with a fundholder becomes incapable in relation to decisions about, or of safeguarding the individual's interests in, the funds in the account, any other joint account holder may continue to operate the account unless—

Interpretation

33: Interpretation of Part

PART 4: MANAGEMENT OF RESIDENTS’ FINANCES

35: Application of Part 4

36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37: Residents whose affairs may be managed

38: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39: Matters which may be managed

40: Supervisory bodies

41: Duties and functions of managers of authorised establishment: The managers of an authorised establishment shall, in relation to residents whose affairs they are managing under section 39—

42: Authorisation of named manager to withdraw from resident’s account

43: Statement of resident’s affairs

44: Resident ceasing to be resident of authorised establishment

45: Appeal, revocation etc.

46: Disapplication of Part 4

PART 5: MEDICAL TREATMENT AND RESEARCH

47: Authority of persons responsible for medical treatment

48: Exceptions to authority to treat

49: Medical treatment where there is an application for intervention or guardianship order

50: Medical treatment where guardian etc. has been appointed

51: Authority for research

52: Appeal against decision as to medical treatment

PART 6: INTERVENTION ORDERS AND GUARDIANSHIP ORDERS

Intervention orders

53: Intervention orders
54: Records: intervention orders
55: Notification of change of address
56: Registration of intervention order relating to heritable property
56A: Death of person authorised to intervene: Where a person authorised under an intervention order dies, the person's personal representatives shall, if aware of the existence of the authority, notify the Public Guardian who shall—

Guardianship orders

57: Application for guardianship order
58: Disposal of application
59: Who may be appointed as guardian
60: Renewal of guardianship order by sheriff
61: Registration of guardianship order relating to heritable property

Joint and substitute guardians

62: Joint guardians
63: Substitute guardian

Functions etc. of guardian

64: Functions and duties of guardian

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