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Adult Support and Protection (Scotland) Act 2007

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This is the original version (as it was originally enacted).

61Power to obtain records

This section has no associated Explanatory Notes

After section 81 of the 2000 Act insert—

81APublic Guardian’s power to obtain records

(1)The Public Guardian may, when carrying out an investigation under section 6(2)(c) or (d) or inquiries under section 30B(2)—

(a)require any person falling within subsection (2) to provide the Public Guardian with—

(i)the person’s records of the exercise of the person’s powers in relation to the adult to whom the investigation relates; and

(ii)such other information relating to the exercise of those powers as the Public Guardian may reasonably require,

(b)require any person who holds (or who has held) funds on behalf of the adult to whom the investigation relates to provide the Public Guardian with—

(i)its records of the account; and

(ii)such other information relating to those accounts as the Public Guardian may reasonably require.

(2)A person falls within this subsection if the person is or has been—

(a)a continuing attorney appointed by the adult to whom the investigation relates;

(b)a withdrawer with authority to intromit with that adult’s funds;

(c)a person authorised under an intervention order to act in relation to that adult; or

(d)that adult’s guardian.

(3)A fundholder may charge a reasonable fee for complying with a requirement under subsection (1)(b) and may recover that fee from the account concerned..

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