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Adults with Incapacity (Scotland) Act 2000

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Adults with Incapacity (Scotland) Act 2000, Section 87 is up to date with all changes known to be in force on or before 15 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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87 InterpretationS

This section has no associated Explanatory Notes

(1)In this Act, unless the context otherwise requires—

  • adult” shall be construed in accordance with section 1;

  • continuing attorney” shall be construed in accordance with section 15;

  • guardianship order” shall be construed in accordance with section 58;

  • incapable” and “incapacity” shall be construed in accordance with section 1;

  • intervention order” shall be construed in accordance with section 53;

  • local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39), and references to a local authority shall be construed as references to the local authority for the area in which the adult resides;

  • managers of an establishment” shall be construed in accordance with schedule 1;

  • mental disorder[F1has the meaning given by section 328 of the 2003 Act];

  • [F2mental health officer” has the meaning given by section 329 of the 2003 Act;]

  • Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by [F3section 4 of the 2003 Act];

  • [F4named person” has the meaning given by section 329 of the 2003 Act;]

  • nearest relative[F5has the meaning given by section 254 of the 2003 Act];

  • office holder”, in relation to a guardian, means the chief social work officer of the local authority;

  • person claiming an interest” includes the local authority, the Mental Welfare Commission and the Public Guardian;

  • power of attorney” includes a factory and commission;

  • [F6practising solicitor” means a solicitor holding a practising certificate issued in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (c. 46);]

  • prescribe”, except for the purposes of anything which may be or is to be prescribed by the Public Guardian, means prescribe by regulations; and “prescribed” shall be construed accordingly;

  • primary carer” in relation to an adult, means the person or organisation primarily engaged in caring for him;

  • Public Guardian” shall be construed in accordance with section 6;

  • State hospital” shall be construed in accordance with section 102 of the National Health Service (Scotland) Act 1978 (c.29);

  • substitute guardian” shall be construed in accordance with section 63;

  • welfare attorney” shall be construed in accordance with section 16;

  • withdrawer” shall be construed in accordance with section 26;

  • the 1984 Act” means the Mental Health (Scotland) Act 1984 (c.36).

  • [F7the 2003 Act” means the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13).]

[F8(1A)Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.]

(2)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this Act, a person is bankrupt if his estate has been sequestrated for insolvency or he has granted a trust deed which has become a protected trust deed under Schedule [F114 of the Bankruptcy (Scotland) Act 2016], or he has been adjudged bankrupt in England and Wales, or he has become bankrupt (however expressed) under the law of any other country.

Textual Amendments

F1S. 87(1): words in definition of "mental disorder" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(a); S.S.I. 2005/161, art. 3

F3S. 87(1): words in definition of "Mental Welfare Commission" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(c); S.S.I. 2005/161, art. 3

F4S. 87(1): definition of "named person" inserted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/ 465), arts. 1, 2, {Sch. 1 para. 28(9)}

F5S. 87(1): words in definition of "nearest relative" substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 9(5)(d); S.S.I. 2005/161, art. 3

F6S. 87(1): definition of "practising solicitor" inserted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 57(9), 79; S.S.I. 2007/334, art. 2(b), Sch. 2 (with savings in arts. 4-6)

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