Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008

Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008 and shall come into force on 1st April 2008.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

(3) In this Act of Sederunt, “the Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1).

Named person of the adult

2.—(1) In rule 3.16.1 of the Rules (interpretation)(2) after the definition of “Mental Welfare Commission” insert–

““named person” has the meaning ascribed to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003(3);”.

(2) In rule 3.16.4 of the Rules (service of application)(4) after subparagraph (c) insert–

“(ca) the named person of the adult (if any);”.

(3) After paragraph (2)(b) in each of Forms 23 and 24(5) in Schedule 1 to the Rules insert–

“(ba) the adult’s named person;”.

Guardianship

3.—(1) For the definition of “adult” in rule 3.16.1 of the Rules (interpretation) substitute–

““adult” means a person who is the subject of an application under the 2000 Act and–

(a)

has attained the age of 16 years; or

(b)

in relation to an application for a guardianship order, will attain the age of 16 years within 3 months of the date of the application;”.

(2) In rule 3.16.8 of the Rules (subsequent applications)(6)–

(a) in paragraph (4) for “copies of the reports in accordance with section 57(3)” substitute–

• “a copy of any report lodged under section 60 of the 2000 Act”; and

(b) after paragraph (4) insert–

“(5) Where the application is for renewal of a guardianship order, a copy shall be served on the local authority and, where it relates to the adult’s personal welfare where incapacity is by reason of mental disorder, on the Mental Welfare Commission.”.

Caution and other security

4.—(1) In rule 3.16.10 of the Rules (caution)(7)–

(a) after paragraph (1) insert–

“(1A) The amount of caution specified by the sheriff in paragraph (1) may be calculated and expressed as a percentage of the value of the adult’s estate.”; and

(b) after paragraph (5) insert–

“(6) Where the sheriff requires the person referred to in paragraph (1) to give security other than caution, the rules of Chapter 27 of the Ordinary Cause Rules shall apply with the necessary modifications.”.

(2) The heading of rule 3.16.10 becomes “Caution and Other Security”.

A. C. Hamilton

Lord President I.P.D.

Edinburgh

4th March 2008