The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2007

Scottish Statutory Instruments

2007 No. 104

ADULTS WITH INCAPACITY

The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2007

Made

21st February 2007

Laid before the Scottish Parliament

22nd February 2007

Coming into force

23rd March 2007

The Scottish Ministers, in exercise of the powers conferred by section 47(5) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2007 and shall come into force on 23rd March 2007.

Medical treatment certificates

2.  A certificate for the purposes of section 47(1) of the Adults with Incapacity (Scotland) Act 2000 (authority of persons responsible for medical treatment)(2) shall be in the form set out in the Schedule to these Regulations.

Revocation

3.  The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002(3) are revoked.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2007

Regulation 2

SCHEDULE Certificate of Incapacity for the purposes of Section 47(1) of the Adults with Incapacity (Scotland) Act 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations follow on from the amendment to section 47 of the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”) made by section 35 of the Smoking, Health and Social Care (Scotland) Act 2005, which now enables persons other than medical practitioners to issue certificates of incapacity and for 3 year certificates of incapacity to be issued in certain prescribed circumstances. Previously, the maximum duration of such a certificate was 1 year.

These Regulations prescribe, for the purposes of section 47(1) of 2000 Act, the new form of certificate of a person mentioned in section 47(1A) of the 2000 Act (regulation 2 and the Schedule) which may subsist for a period of up to 3 years in certain prescribed circumstances. Those circumstances are separately prescribed by the Scottish Ministers in the Adults with Incapacity (Conditions and Circumstances Applicable to Three Year Medical Treatment Certificates (Scotland) Regulations 2007 (S.S.I. 2007/100).

These Regulations revoke the Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002 (S.S.I. 2002/208) which previously prescribed the form of certificate of incapacity for the purposes of section 47(1) of the 2000 Act (regulation 3).

(1)

2000 asp 4. Section 47(5) of the Act was amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 35. See section 87(1) for the definition of “prescribed” and section 86(1) as to the power to make regulations.

(2)

Subsection (1) was amended by the Smoking, Health and Social Care (Scotland) Act 2005, section 35(2)(a) and subsection (1A) was inserted by section 35(2)(b) of that Act.

(3)

S.I. 2002/208.