Scottish Statutory Instruments

2002 No. 208

ADULTS WITH INCAPACITY

The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002

Made

30th April 2002

Laid before the Scottish Parliament

3rd May 2002

Coming into force

1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 47(5) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002 and come into force on 1st July 2002.

Medical treatment certificates

2. The certificate of a medical practitioner primarily responsible for the medical treatment of an adult for the purposes of section 47 of the Adults with Incapacity (Scotland) Act 2000 (authority of persons responsible for medical treatment) shall be in the form set out in the Schedule to these Regulations.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th April 2002

Regulation 2

SCHEDULECertificate of Incapacity under section 47 of the Adults with Incapacity (Scotland) Act 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe, for the purposes of section 47 of the Adults with Incapacity (Scotland) Act 2000, the form of certificate of a medical practitioner primarily responsible for the medical treatment of an adult that that practitioner is of the opinion that the adult is incapable in relation to a decision about medical treatment. Medical treatment is defined in section 47(4) of the Act.

(1)

2000 asp 4. See section 87(1) for the definition of “prescribed” and section 86(1) as to power to make regulations.