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Adults with Incapacity (Scotland) Act 2000

Section 2: Applications and other proceedings and appeals

18.This section covers procedures of the sheriff court that will be the forum for dealing with many applications and other matters under the Act.

19.Subsection (2) says that applications to the sheriff under the Act are to be by summary application, which allows them to be made speedily and simply.

20.Subsection (3) sets out how appeals may be made against any decision made by a sheriff in an application to the courts under the legislation.

21.Subsection (4) allows Sheriff Court rules, which determine in detail how the sheriff court functions, to set out the type of evidence the sheriff is to consider in deciding whether intimations to the adult of application about them should be withheld. In most cases this is likely to be medical evidence.

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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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