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

Made7th March 2001

Laid before the Scottish Parliament8th March 2001

Coming into force2nd 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 20001 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

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 account2

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 19842 as having special experience in the diagnosis or treatment of mental disorder.

JAMES R WALLACEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh7th March 2001

(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.