Search Legislation

The Adults with Incapacity (Evidence in Relation to Dispensing with Intimation or Notification) (Scotland) Regulations 2001

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2001 No. 79

ADULTS WITH INCAPACITY

The Adults with Incapacity (Evidence in Relation to Dispensing with Intimation or Notification) (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 7(1)(d) 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 (Evidence in Relation to Dispensing with Intimation or Notification) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Evidence to be taken into account

2.—(1) For the purposes of section 11(2) of the Adults with Incapacity (Scotland) Act 2000, the evidence which the Public Guardian shall take into account when deciding whether to dispense with intimation or notification to the adult shall be two medical certificates stating that intimation or notification could be likely to pose a serious risk to the health of the adult.

(2) Those medical certificates shall be prepared by medical practitioners independent of each other.

(3) In any case where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be a medical practitioner approved for the purposes of section 20 of the Mental Health (Scotland) Act 1984(2) as having special experience in the diagnosis or treatment of mental disorder.

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 set out the evidence to be taken into account by the Public Guardian when deciding whether to dispense with intimation or notification to an adult for the purposes of section 11(2) of the Adults with Incapacity (Scotland) Act 2000. This evidence shall consist of two medical certificates stating that intimation or notification could be likely to pose a serious risk to the health of the adult. These certificates shall be prepared by medical practitioners independent of each other, and, where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be approved as having special experience in the diagnosis or treatment of mental disorder.

(1)

2000 asp 4. See section 87(1) for the definition of “prescribe”.

(2)

1984 c. 36, as amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9 and the Adults with Incapacity Act 2000, section 88 and Schedule 5

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources