The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 (“the 2002 Regulations”) and are in consequence of the commencement of section 60 of the Adult Support and Protection (Scotland) Act 2007 (asp 10) (“the 2007 Act”) which amends the provisions on guardianship orders in Part 6 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the Act”).

The amendments in paragraphs (2) to (6)(a) of regulation 2 reflect the new sub section (3) in section 60 of the Act substituted by section 60(3) of the 2007 Act which provides for a simplified procedure for renewal of guardianship orders.

Regulation 2(6)(b) substitutes new Parts A1 and A2 in Schedule 1 to reflect the new sub-section (6B) of section 57 of the Act inserted by section 60(1)(b) of the 2007 Act, namely to provide for medical examinations to be carried out outwith Scotland.

Regulation 2(6)(c) substitutes an updated footnote for the definition of “mental disorder”.

Regulation 2(6)(d) inserts reference to the adult’s “named person” in the list of people that a medical practitioner may consult when forming his or her opinion as to the adult’s capacity.

Regulation 2(7) also inserts a new part in the forms in Schedule 2, 4, 5, 7, 8 and 10 requiring the applicant to obtain the views of the adult’s “named person”.

Regulations 2(8) and (9) substitute new Schedules 3 and 6 respectively to reflect the new section 60(3)(b) of the Act, namely the requirement for a report from the mental health officer where an application for renewal of guardianship order relates to the adult’s personal welfare.

Regulation 2(10) substitutes a new Schedule 9 to reflect the new section 60(3)(c) of the Act, namely the requirement for a report from the Public Guardian where an application for renewal of guardianship order relates to the adult’s property or financial matters.