Family Law (Scotland) Act 2006

Amendments of Adults with Incapacity (Scotland) Act 2000

36Amendments of Adults with Incapacity (Scotland) Act 2000

Section 24 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (termination of continuing or welfare power of attorney) shall be amended as follows—

(a)after subsection (1), there shall be inserted—

(1A)If the granter and the continuing or welfare attorney are in civil partnership with each other the power of attorney shall, unless the document conferring it provides otherwise, come to an end on the granting of—

(a)a decree of separation of the partners in the civil partnership;

(b)a decree of dissolution of the civil partnership;

(c)a declarator of nullity of the civil partnership.;

(b)in subsection (4), after “(1)” there shall be inserted “or subsection (1A)”.