Adults with Incapacity (Scotland) Act 2000

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];

  • [F2“mental 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];

  • [F4“named 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;

  • [F6“practising 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).

  • [F7“the 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)