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Adults with Incapacity (Scotland) Act 2000

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[F126AWithdrawal certificatesS

This section has no associated Explanatory Notes

(1)A withdrawal certificate may—

(a)authorise the transfer of funds—

(i)from the adult's current account to the designated account;

(ii)from the adult's current account to the adult's second account;

(iii)from the designated account to the adult's second account;

(b)authorise the continuance or making of arrangements for the regular or occasional payment of funds from the adult's current account for specified purposes (for example: by standing order or direct debit);

(c)authorise the withdrawal of funds from the designated account for specified purposes;

(d)place limits on the amount of funds that may be so transferred, paid or withdrawn.

(2)But such a certificate does not authorise a transfer of funds or payment that would cause—

(a)the adult's current account;

(b)the adult's second account; or

(c)the designated account,

to become overdrawn.

(3)If any of the accounts mentioned in paragraphs (a) to (c) of subsection (2) is overdrawn, the fundholder of that account has a right of relief against the withdrawer.

(4)In subsection (1)(b), “specified” means specified in the certificate of appointment.]

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