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Adults with Incapacity (Scotland) Act 2000

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[F126BAddition of joint withdrawerS

This section has no associated Explanatory Notes

(1)This section applies where an individual has or individuals have been appointed as a withdrawer in relation to an adult.

(2)Where this sections applies, another individual may apply to the Public Guardian for appointment as a joint withdrawer.

(3)An application under subsection (1) must be signed by the existing withdrawer.

(4)Where the Public Guardian grants an application under subsection (1), the Public Guardian must—

(a)enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii); and

(b)issue a certificate of authority (a “withdrawal certificate”) to the existing withdrawer and the applicant.

(5)Subject to sections 31(2) and 31A, a certificate issued under subsection (4)(b) is valid until the date on which the withdrawal certificate held by the existing withdrawer would cease to be valid under section 31(1) or 31E(6), as the case may be (regardless of any subsequent extension, reduction, termination or suspension of the existing withdrawer's authority).

(6)In this section, “the existing withdrawer” means the individual or individuals mentioned in subsection (1).

(7)In this Part, where two or more individuals are appointed as withdrawers, each individual is referred to as a “joint withdrawer”.]

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