(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).