Adult Support and Protection (Scotland) Act 2007

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

5 The Adults with Incapacity (Scotland) Act 2000 is amended as follows—

(a) in section 6(2)(b)(iii), for “to intromit” substitute “relating to intromission”,

(b) in section 39(1)(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

(c) in section 41(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

(d) in section 47, after subsection (2) insert—

“(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.”,

(e) in section 87, after subsection (1) insert—

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

(f) in paragraph 6(2) of schedule 2, after “carer” insert “, his named person”,

(g) in paragraph 3(3) of schedule 3, for “18” substitute “20”,

(h) for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

“(3) Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).

(4) Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).”.