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The Adults with Incapacity (Conditions and Circumstances Applicable to Three Year Medical Treatment Certificates) (Scotland) Regulations 2007
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- 2007 No. 100
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision in relation to the issue of certain medical treatment certificates as respects adults with incapacity in accordance with section 47(1) of the Adults with Incapacity (Scotland) Act 2000 (“the Act”).
Regulation 2 prescribes, for the purposes of section 47(5)(b)(ii) of the Act, the conditions or circumstances which must apply to the adult in order for the person who issues the certificate for the purposes of section 47(1) of the Act (authority of persons responsible for medical treatment) to issue a medical treatment certificate specifying a period of up to 3 years.
Regulation 3 prescribes, for the purposes of section 47(6)(b)(ii) of the Act, the change of condition or circumstances which must apply to the adult in order for the person who issued the original medical certificate to issue a new certificate specifying a period of up to 3 years.
The conditions or circumstances which are prescribed under regulations 2 and 3 which are to apply to the adult are that the adult suffers from (a) a severe or profound learning disability (which condition is defined in regulation 1(2)), (b) dementia or (c) a severe neurological disorder such that the adult is incapable in respect of decisions about medical treatment, and that in any of those cases what the adult is suffering from is unlikely to improve.
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