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Adults with Incapacity (Scotland) Act 2000

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This is the original version (as it was originally enacted).

29Withdrawal and use of funds

This section has no associated Explanatory Notes

(1)On presentation to it of the certificate issued under section 26(4)(b), the fundholder of the account held in the name of the adult specified in the form may make arrangements to transfer to the designated account such sums as the Public Guardian shall authorise.

(2)The fundholder of an account held by an adult shall be liable to the adult for any funds removed from the account under this section at any time when it was aware that the withdrawer’s authority had been terminated or suspended by the Public Guardian under section 31(3), but, on meeting such liability, the fundholder of the account shall have a right of relief against the withdrawer.

(3)The Public Guardian may authorise a method of payment other than a method mentioned in subsection (1).

(4)A decision of the Public Guardian not to authorise—

(a)a method of payment other than a method mentioned in subsection (1); or

(b)a payment under subsection (3),

may be appealed to the sheriff, whose decision shall be final.

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