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Adults with Incapacity (Scotland) Act 2000

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Adults with Incapacity (Scotland) Act 2000. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1: General

      1. Section 1: General principles and fundamental definitions

      2. Judicial proceedings

        1. Section 2: Applications and other proceedings and appeals

        2. Section 3: Powers of sheriff

        3. Section 4: Power of Court of Session or sheriff with regard to nearest relative

        4. Section 5: Safeguarding of interests in Court of Session appeals or proceedings

      3. The Public Guardian

        1. Section 6: The Public Guardian and his functions

        2. Section 7: The Public Guardian: further provision

      4. Expenses in court proceedings

        1. Section 8: Expenses in court proceedings

      5. Mental Welfare Commission

        1. Section 9: Functions of the Mental Welfare Commission

      6. Local authorities

        1. Section 10: Functions of local authorities

      7. Intimation

        1. Section 11: Intimation not required in certain circumstances

      8. Investigations

        1. Section 12: Investigations

      9. Codes of practice

        1. Section 13: Codes of practice

      10. Appeal against decision as to incapacity

        1. Section 14: Appeal against decision as to incapacity

    2. Part 2: Continuing Powers of Attorney and Welfare Powers of Attorney

      1. Section 15: Creation of continuing power of attorney

      2. Section 16: Creation and exercise of welfare power of attorney

      3. Section 17: Attorney not obliged to act in certain circumstances

      4. Section 18: Power of attorney not granted in accordance with this Act

      5. Section 19: Registration of continuing or welfare power of attorney

      6. Section 20: Powers of sheriff

      7. Section 21: Records: attorneys

      8. Section 22: Notification to Public Guardian

      9. Section 23: Resignation of continuing or welfare attorney

      10. Section 24: Termination of continuing or welfare power of attorney

    3. Part 3: Accounts and Funds

      1. Section 25: Authority to intromit with funds

      2. Section 26: Application for authority to intromit

      3. Section 27: Notification of change of address

      4. Section 28: Purposes of intromissions with funds

      5. Section 29: Withdrawal and use of funds

      6. Section 30: Records and enquiries

      7. Section 31: Duration and termination of registration

      8. Section 32: Joint accounts

      9. Section 33: Transfer of funds

      10. Section 34: Disapplication of Part 3

    4. Part 4: Management of Residents’ Finances

      1. Section 35: Application of Part 4

      2. Section 36: Registration for purposes of managing residents' finances

      3. Section 37: Residents whose affairs may be managed

      4. Section 38: Financial procedures and controls in registered establishments

      5. Section 39: Matters which may be managed

      6. Section 40: Supervisory bodies

      7. Section 41: Duties and functions of managers of authorised establishment

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

      9. Section 43: Statement of resident's affairs

      10. Section 44: Resident ceasing to be resident of authorised establishment

      11. Section 45: Appeal, revocation etc.

      12. Section 46: Disapplication of Part 4

    5. Part 5: Medical Treatment and Research

      1. Section 47: Authority of persons responsible for medical treatment

      2. Section 48: Exceptions to authority to treat

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

      4. Section 50: Medical treatment where guardian etc has been appointed

        1. 51:

          Authority for research

      5. Section 52: Appeal against decision as to medical treatment

    6. Part 6: Intervention Orders and Guardianship Orders

      1. Intervention orders

        1. Section 53: Intervention orders

        2. Section 54: Records: intervention orders

        3. Section 55: Notification of change of address

        4. Section 56: Registration of intervention order relating to heritable property

      2. Guardianship orders

        1. Section 57: Application for guardianship order

        2. Section 58: Disposal of application

        3. Section 59: Who may be appointed as guardian

        4. Section 60: Renewal of guardianship order by sheriff

        5. Section 61: Registration of guardianship order relating to heritable property

      3. Joint and substitute guardians

        1. Section 62: Joint guardians

        2. Section 63: Substitute guardian

      4. Functions etc. of guardian

        1. Section 64: Functions and duties of guardian

        2. Section 65: Records: guardians

        3. Section 66: Gifts

        4. Section 67: Effect of appointment and transactions of guardian

        5. Section 68: Reimbursement and remuneration of guardian

        6. Section 69: Forfeiture of guardian’s remuneration

        7. Section 70: Non-compliance with decisions of guardian with welfare powers

      5. Termination and variation of guardianship and replacement, removal or resignation of guardian

        1. Section 71: Replacement or removal of guardian or recall of guardianship by sheriff

        2. Section 72: Discharge of guardian with financial powers

        3. Section 73: Recall of powers of guardianship

        4. Section 74: Variation of guardianship order

        5. Section 75: Resignation of guardian

        6. Section 76: Change of habitual residence

        7. Section 77: Termination of authority to intervene and guardianship on death of adult

        8. Section 78: Amendment of registration under section 61 on events affecting guardianship or death of adult

        9. Section 79: Protection of third parties: guardianship

    7. Part 7: Miscellaneous

      1. Section 80: Future appointment of curator bonis etc incompetent

      2. Section 81: Repayment of funds

      3. Section 82: Limitation of liability

      4. Section 83: Offence of ill-treatment and wilful neglect

      5. Section 84: Application to guardians appointed under Criminal Procedure (Scotland) Act 1995

      6. Section 85: Jurisdiction and private international law

      7. Section 86: Regulations

      8. Section 87: Interpretation

      9. Section 88: Continuation of existing powers, minor and consequential amendments and repeals

      10. Section 89: Citation and commencement

      11. Schedule 1: Managers of an Establishment

      12. Schedule 2: Management of Estate of Adult

      13. Schedule 3: Jurisdiction and Private International Law

      14. Schedule 4: Continuation of Existing Curators, Tutors, Guardians and Attorneys Under This Act

      15. Schedule 5: Minor and Consequential Amendments

      16. Schedule 6: Repeals

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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