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

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Amendment of the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002

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2.—(1) The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002(1) are amended as follows.

(2) In regulation 3 after “section 57(3)(a)” insert “, or, as the case may be, section 60(3)(a)(2),”.

(3) In regulation 4 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by a mental health officer under section 60(3)(b) in respect of an application for a category (b) order below”.

(4) In regulation 5 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or under section 60(3)(b) in respect of an application for a category (b) order below”.

(5) In regulation 6 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by the Public Guardian under section 60 (3)(c) in respect of an application for a category (b) order below”.

(6) In Schedule 1–

(a)for “section 57(3)(a)” where it first appears substitute “sections 57(3)(a) and 60(3)(a)”;

(b)for Part A substitute Schedule 1 to these Regulations;

(c)in Part C for the footnote for “mental disorder” substitute:–

  • mental disorder has the meaning given to it in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, namely that it means any mental illness; personality disorder or learning disability however caused or manifested, but an adult is not mentally disordered by reason only of sexual orientation; sexual deviancy; transsexualism; transvestism; dependence on, or use of, alcohol or drugs; behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person; or acting as no prudent person would act.; and

(d)in the last sentence of Part C after “primary carer” insert “named person”.

(7) In Schedules 2, 4, 5, 7, 8 and 10 in Parts D after paragraph 5 insert the text in Schedule 2 to these Regulations as paragraph 5A(3).

(8) For Schedule 3 substitute Schedule 3 to these Regulations.

(9) For Schedule 6 substitute Schedule 4 to these Regulations.

(10) For Schedule 9 substitute Schedule 5 to these Regulations.

(2)

Section 60(3) of the Adults with Incapacity (Scotland) Act 2000 was substituted by section 60(3) of the Adult Support and Protection (Scotland) Act 2007.

(3)

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Schedule 1, paragraph 28(2) inserted “named person” in section 1(4) of the Adults with Incapacity (Scotland) Act 2000 as one of those persons whose views should be taken account of in determining if an intervention is to be made

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