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

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Article 3

SCHEDULE 2PROVISIONS OF THE ACT BROUGHT INTO FORCE BY ARTICLE 3 OF THIS ORDER ON 1ST APRIL 2002

Column 1Column 2Column 3
Provision of the ActSubject matterPurposes
Section 6The Public Guardian and his functions
Section 9Functions of the Mental Welfare Commission
Section 10Functions of local authorities
Section 12Investigations
Section 24Termination of continuing or welfare power of attorney
Section 53Intervention orders
Section 54Records: intervention orders
Section 55Notification of change of address
Section 56Registration of intervention order relating to heritable property
Section 57Application for guardianship order
Section 58Disposal of application
Section 59Who may be appointed as guardian
Section 60Renewal of guardianship order by sheriff
Section 61Registration of guardianship order relating to heritable property
Section 62Joint guardians
Section 63Substitute guardian
Section 64Functions and duties of guardian
Section 65Records: guardians
Section 66Gifts
Section 67Effect of appointment and transactions of guardian
Section 68Reimbursement and remuneration of guardian
Section 69Forfeiture of guardian’s remuneration
Section 70Non-compliance with decisions of guardian with welfare powers
Section 71Replacement or removal of guardian or recall of guardianship by sheriff
Section 72Discharge of guardian with financial powers
Section 73Recall of powers of guardian
Section 74Variation of guardianship order
Section 75Resignation of guardian
Section 76Change of habitual residence
Section 77Termination of authority to intervene and guardianship on death of adult
Section 78Amendment of registration under section 61 on events affecting guardianship or death of an adult
Section 79Protection of third parties: guardianship
Section 80Future appointment of curator bonis etc. incompetent
Section 81Repayment of funds
Section 82Limitation of liability
Section 84Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
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 2Management of estate of adult
Schedule 4, paragraphs 1, 2, 3 and 6Continuation of existing curators, tutors, guardians and attorneys under this Act
Schedule 5:Minor and Consequential Amendments–
Paragraph 1General
Paragraph 7Heritable Securities (Scotland) Act 1894 (c. 44)
Paragraph 8National Assistance Act 1984 (c. 29)
Paragraph 9Offices, Shops and Railway Premises Act 1963 (c. 41)
Paragraph 12Medicines Act 1968 (c. 67)
Paragraph 15Solicitors (Scotland) Act 1980 (c. 46)
Paragraph 16Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
Paragraph 17(1), (2), (3) to (21) and (24)Mental Health (Scotland) Act 1984 (c. 36)
Paragraph 18Insolvency Act 1986 (c. 45)
Paragraph 20Financial Services Act 1986 (c. 60)
Paragraph 21Access to Health Records Act 1990 (c. 23)
Paragraph 22Child Support Act 1991 (c. 48)
Paragraph 23Social Security Administration Act 1992 (c. 5)
Paragraph 24Health Service Commissioners Act 1993 (c. 46)
Paragraph 26Criminal Procedure (Scotland) Act 1995 (c. 46)
Schedule 6RepealsFor all purposes, other than bringing into force the repeal of provisions in the Improvement of Land Act 1864 (27&28 Vict. c.114) and in section 5(2) of the Mental Health (Scotland) Act 1984 (c. 36)

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