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The Adults with Incapacity (Accounts and Funds) (Scotland) Regulations 2008

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Scottish Statutory Instruments

2008 No. 51

ADULTS WITH INCAPACITY

The Adults with Incapacity (Accounts and Funds) (Scotland) Regulations 2008

Made

20th February 2008

Laid before the Scottish Parliament

21st February 2008

Coming into force

1st April 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 24D(7), 27B and 27E(2) of the Adults with Incapacity (Scotland) Act 2000(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Adults with Incapacity (Accounts and Funds) (Scotland) Regulations 2008 and come into force on 1st April 2008.

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

Particulars of account to be notified to the Public Guardian

2.  For the purposes of section 24D(7) of the Act, the following particulars are prescribed:—

(a)title on the account;

(b)name of bank;

(c)address of bank;

(d)type of account; and

(e)(i)sort code and account number; or

(ii)roll number.

Certificate from a medical practitioner

3.  For the purposes of section 27B of the Act the certificate from a medical practitioner shall be in the form set out in the Schedule.

Period for objections

4.  For the purposes of section 27E(2) of the Act the period of 21 days is prescribed.

Revocation

5.  The Adults with Incapacity (Certificates from Medical Practitioners) (Accounts and Funds) (Scotland) Regulations 2001(2) are revoked.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th February 2008

Regulation 3

SCHEDULEAdults with Incapacity (Scotland) Act 2000 (“the Act”)

Certificate of incapacity to accompany an application to the Public Guardian under section 24C, 24D or 25

Explanatory Note

(This note is not part of the Regulations)

These Regulations are in consequence of the commencement of section 58 of the Adult Support and Protection (Scotland) Act 2007 (asp 10) which substitutes a new Part 3 (accounts and funds) in the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the Act”).

Regulation 2 prescribes the details that the applicant must notify to the Public Guardian when an account is opened under Part 3 of the Act.

Regulation 3 and the Schedule to these Regulations prescribe the form of certificate from a medical practitioner which must accompany an application to the Public Guardian under section 24C, 24D or 25. The certificate is completed by a medical practitioner who will confirm that the adult is incapable in relation to decisions about, or incapable of acting to safeguard or promote that adult’s interests in, the funds. Regulation 4 prescribes the period in which an applicant must object if the Public Guardian proposes to refuse an application under Part 3 of the Act. Regulation 5 revokes the previous Regulations.

(1)

2000 asp 4, as amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10), Section 58 of that Act substitutes a new Part 3 in the 2000 Act. See section 87(1) and (1A) for the definition of “prescribed” and section 86(1) as to the power to make regulations.

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