Search Legislation

Adults with Incapacity (Scotland) Act 2000

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Adults with Incapacity (Scotland) Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Adults with Incapacity (Scotland) Act 2000

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

47 Authority of persons responsible for medical treatmentS

This section has no associated Explanatory Notes

(1)This section applies where [F1any of the persons mentioned in subsection (1A)]

(a)is of the opinion that [F2an adult] is incapable in relation to a decision about the medical treatment in question; and

(b)has certified in accordance with subsection (5) that he is of this opinion.

[F3(1A)The persons are—

(a)the medical practitioner primarily responsible for the medical treatment of the adult;

(b)a person who is—

(i)a dental practitioner;

(ii)an ophthalmic optician;

(iii)a registered nurse; or

(iv)an individual who falls within such description of persons as may be prescribed by the Scottish Ministers,

who satisfies such requirements as may be so prescribed and who is primarily responsible for medical treatment of the kind in question.]

(2)F4. . . The [F5person who by virtue of subsection (1) has issued a certificate for the purposes of that subsection] shall have, during the period specified in the certificate, authority to do what is reasonable in the circumstances, in relation to F6. . . [F7the medical treatment in question] , to safeguard or promote the physical or mental health of the adult.

[F8(2A)Subsection (2)—

(a)does not affect any authority conferred by any other enactment or rule of law; and

(b)is subject to—

(i)the following provisions of this section;

(ii)sections 49 and 50; and

(iii)sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.]

(3)The authority conferred by subsection (2) shall be exercisable also by any other person who is authorised by the [F9person on whom that authority is conferred] to carry out [F10the medical treatment in question] and who is acting—

(a)on his behalf under his instructions; or

(b)with his approval or agreement.

(4)In this Part “medical treatment” includes any procedure or treatment designed to safeguard or promote physical or mental health.

(5)A certificate for the purposes of subsection (1) shall be in the prescribed form and shall specify the period during which the authority conferred by subsection (2) shall subsist, being a period which—

(a)the [F11person who issues the certificate] considers appropriate to the condition or circumstances of the adult; but

(b)[F12 does not exceed—

(i)one year; or

(ii)if, in the opinion of the person issuing the certificate any of the conditions or circumstances prescribed by the Scottish Ministersapplies as respects the adult, 3 years,

from] the date of the examination on which the certificate is based.

(6)If after issuing a certificate, the [F13person who issued it] is of the opinion that the condition or circumstances of the adult have changed he may—

(a)revoke the certificate;

(b)issue a new certificate specifying such period [F14 not exceeding—

(i)one year; or

(ii)if, in the opinion of that person any of the conditions or circumstances prescribed by the Scottish Ministers apply as respects theadult, 3 years,

from] the date of revocation of the old certificate as he considers appropriate to the new condition or circumstances of the adult.

(7)The authority conferred by subsection (2) shall not authorise—

(a)the use of force or detention, unless it is immediately necessary and only for so long as is necessary in the circumstances;

(b)action which would be inconsistent with any decision by a competent court;

(c)placing an adult in a hospital for the treatment of mental disorder against his will.

(8)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Subject to subsection (10), where any question as to the authority of any person to provide medical treatment in pursuance of subsection (2)—

(a)is the subject of proceedings in any court (other than for the purposes of any application to the court made under regulations made under section 48); and

(b)has not been determined,

medical treatment authorised by subsection (2) shall not be given unless it is authorised by any other enactment or rule of law for the preservation of the life of the adult or the prevention of serious deterioration in his medical condition.

(10)Nothing in subsection (9) shall authorise the provision of any medical treatment where an interdict has been granted and continues to have effect prohibiting the provision of such medical treatment.

[F16(11)In subsection (1A)—

  • dental practitioner” has the same meaning as in section 108(1) of theNational Health Service (Scotland) Act 1978 (c. 29);

  • ophthalmic optician” means a person registered in either of the registers kept undersection 7 of the Opticians Act 1989 (c. 44) of ophthalmic opticians.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources