SCHEDULE 4Minor and consequential amendments

The Adults with Incapacity (Scotland) Act 2000 (asp 4)

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1

The Adults with Incapacity (Scotland) Act 2000 shall be amended as follows.

2

In section 35(5) (definitions of certain expressions for the purposes of Part 4 of Act), for the words “who is liable to be detained there under the 1984 Act” substitute “ whose detention there is authorised by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the 2003 Act ”.

3

In section 47(2) (authority in relation to medical treatment of incapable adult), after “section” insert “ and sections 234, 237, 240, 242, 243 and 244 of the 2003 Act ”.

4

In section 57 (application for guardianship order)—

a

in subsection (3)(a), for “a” where it second occurs substitute “ an approved ”; and

b

after subsection (6) insert—

7

In subsection (3)(a), “approved medical practitioner” has the meaning given by section 22 of the 2003 Act.

5

In section 87(1) (interpretation)—

a

in the definition of “mental disorder”, for the words from “means” to the end substitute “ has the meaning given by section 328 of the 2003 Act ”;

b

after the definition of “mental disorder” insert—

“mental health officer” has the meaning given by section 329 of the 2003 Act;

c

in the definition of “Mental Welfare Commission”, for the words “section 2 of the 1984 Act” substitute “ section 4 of the 2003 Act ”;

d

in the definition of “nearest relative”, for the words from “means” to the end substitute “ has the meaning given by section 254 of the 2003 Act ”; and

e

after the definition of “the 1984 Act” insert—

“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).