The Adults with Incapacity (Supervision of Welfare Attorneys by Local Authorities) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 77

ADULTS WITH INCAPACITY

The Adults with Incapacity (Supervision of Welfare Attorneys by Local Authorities) (Scotland) Regulations 2001

Made

7th March 2001

Laid before the Scottish Parliament

8th March 2001

Coming into force

2nd April 2001

The Scottish Ministers, in exercise of the powers conferred by sections 10(3)(b)(ii) and 86(2) 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 (Supervision of Welfare Attorneys by Local Authorities) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Duties of local authority

2.—(1) Where the local authority is supervising a welfare attorney by virtue of an order made by the sheriff under section 20(2)(c) of the Adults with Incapacity (Scotland) Act 2000, that local authority shall arrange for the adult who is subject to the welfare power of attorney and the welfare attorney to be visited on behalf of the local authority as often as required by the sheriff and, where no such requirement has been specified, at intervals of not more than one calendar month for the period of time fixed by the sheriff for supervision by the local authority.

(2) Where the local authority considers it appropriate, any visit to the adult in accordance with this regulation may take place at the same time as the visit to the welfare attorney.

Information to be provided

3.  For the purpose of enabling a local authority to carry out its supervisory function, a welfare attorney shall from time to time provide the local authority with any reports or other

information about the personal welfare of the adult or the exercise by that attorney of that attorney’s functions as the local authority may reasonably require.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the duties of the local authority acting under an order made by the sheriff in relation to supervision of a welfare attorney (regulation 2).

The Regulations also prescribe the information to be provided by a welfare attorney to a local authority to enable it to carry out its supervisory function (regulation 3).

(1)

2000 asp 4