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The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001

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Article 2

SCHEDULE 1PROVISIONS OF THE ACT BROUGHT INTO FORCE BY ARTICLE 2 OF THIS ORDER ON 2ND APRIL 2001

Column 1Column 2Column 3
Provision of the ActSubject matterPurposes
Section 1General principles and fundamental definitions
Section 2Applications and other proceedings and appeals
Section 3Powers of sheriff
Section 4Power of Court of Session or sheriff with regard to nearest relative
Section 5Safeguarding of interests in Court of Session appeals or proceedings
Section 6(1), (2)(b)(i)to (iii), (2)(c)(i) and (ii), (2)(d)The Public Guardian and his functions
Section 6(2)(e) ” ”Only for the purpose of bringing into force this provision insofar as it relates to continuing attorneys or withdrawers
Section 6(2)(f), (3)(b) ” ”
Section 7The Public Guardian: further provision
Section 8Expenses in court proceedings
Section 9(1)(a) to (c), (d)(i), (e), (f)Functions of the Mental Welfare Commission
Section 9(1)(g) ” ”Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 9(2) ” ”Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 9(3)(b) ” ”
Sections 10(1)(b), (1)(c)(i), (1)(d)Functions of local authorities
Section 10(1)(e) ” ”Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 10(2), (3)(b)(ii), (4)(b)Functions of local authorities
Section 11Intimation not required in certain circumstances
Section 12InvestigationsOnly for the purpose of bringing into force this provision insofar as it relates to investigations in relation to continuing attorneys, welfare attorneys and intromission with funds under Part 3 of the Act
Section 13Codes of practice
Section 14Appeal against decision as to incapacity
Section 15Creation of continuing power of attorney
Section 16Creation and exercise of welfare power of attorney
Section 17Attorney not obliged to act in certain circumstances
Section 18Power of attorney not granted in accordance with this Act
Section 19Registration of continuing or welfare power of attorney
Section 20Powers of sheriff
Section 21Records: attorneys
Section 22Notification to Public Guardian
Section 23Resignation of continuing or welfare attorney
Section 24(1) and (4)Termination of continuing or welfare power of attorney
Section 25Authority to intromit with funds
Section 26Application for authority to intromit
Section 27Notification of change of address
Section 28Purposes of intromission with funds
Section 29Withdrawal and use of funds
Section 30Records and inquiries
Section 31Duration and termination of registration
Section 32Joint accounts
Section 33Transfer of funds
Section 34Disapplication of Part 3 of the Act
Section 81(1)(a) to (c)Repayment of funds
Section 81(2) ” ”Only for the purpose of bringing into force this provision insofar as it relates to section 82 of the Act
Section 82(1)Limitation of liabilityOnly for the purpose of bringing into force this provision insofar as it relates to continuing attorneys, welfare attorneys and withdrawers
Section 82(2)(b) and (c) ” ”
Section 83Offence of ill treatment and wilful neglect.
Section 85Jurisdiction and private international lawOnly for the purpose of bringing into force the provisions of Schedule 3 to the Act specified below
Section 86Regulations
Section 87Interpretation
Section 88Continuation of existing powers, minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below
Schedule 3, paragraphs 1(1) and (5), 2(1), (3) and (4), 3, 4, 5, 6, 7(1), (2)(a), (3)(a) to (d), 8, 9, 10, 13 and 14Jurisdiction and private international law
Schedule 4, paragraphs 4, 7(a) to (c), and 8Continuation of existing curators, tutors, guardians and attorneys under this Act

Schedule 5:

Paragraph 2

Minor and Consequential Amendments –

Defence Act 1842 (c. 94)

Paragraph 3Judicial Factors Act 1849 (c. 51)
Paragraph 5Titles to Land (Consolidation) (Scotland) Act 1868 (c. 101)
Paragraph 6Judicial Factors (Scotland) Act 1889 (c. 39)
Paragraph 7Heritable Securities (Scotland) Act 1894 (c. 44)Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers
Paragraph 9Offices Shops and Railway Premises Act 1963 (c. 41)Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers
Paragraph 13Sheriff Courts (Scotland) Act 1971 (c. 58)
Paragraph 14Land Registration (Scotland) Act 1979 (c. 33)
Paragraph 17(3) to (21), (24)(b)Mental Health (Scotland) Act 1984 (c. 36)Only for the purpose of bringing into force these provisions insofar as they relate to welfare attorneys
Paragraph 19Legal Aid (Scotland) Act 1986 (c. 47)
Paragraph 22Child Support Act 1991 (c. 48)Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Paragraph 23Social Security Administration Act 1992 (c. 5)Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Paragraph 25Clean Air Act 1993 (c. 11)
Schedule 6RepealsOnly for the purpose of bringing into force the repeal of section 71 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

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