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The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) (Amendment) Order 2002

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Scottish Statutory Instruments

2002 No. 172 (C. 11)

ADULTS WITH INCAPACITY

The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) (Amendment) Order 2002

Made

28th March 2002

The Scottish Ministers, in exercise of the powers conferred by section 89(2) of the Adults with Incapacity (Scotland) Act 2000(1) and all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) (Amendment) Order 2002.

(2) In this Order, “the Act” means the Adults with Incapacity (Scotland) Act 2000.

Amendment of the principal Order

2.  In schedule 2 to the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001(2)–

(a)in the entries relating to sections 81 and 82 of the Act, in the third column in each case add “For all purposes other than bringing into force this provision insofar as it relates to the managers of an authorised establishment.”; and

(b)in the entry relating to schedule 6 to the Act, in the third column for “section 5(2)” substitute “sections 5(2) and 94”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th March 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001 to exclude from commencement on 1st April 2002 the provisions of sections 81 and 82 of the Adults with Incapacity (Scotland) Act 2000 insofar as they relate to the managers of an authorised establishment, and to exclude from repeal on that date section 94 of the Mental Health (Scotland) Act 1984 (c. 36).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been, or will be, brought into force by the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001 as amended by this Order.

ProvisionDate of commencement
Sections 6, 9, 10, 12, 24, 81, 82, 85, 88 and schedules 3, 4, 5 and 6 (all partially only); and sections 1 to 5, 7, 8, 11, 13 to 23, 25 to 34, 83, 86 and 872.4.2001
Sections 6, 9, 10, 12 and 24 (for the purposes for which they are not already in force), sections 53 to 80, 81 and 82 (partially), 84, 88 (partially), schedule 2 and schedules 4, 5 and 6 (all partially only)1.4.2002

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