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The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2008
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- 2008 No. 56
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe certificates for use in connection with the grant of continuing and welfare powers of attorney and the revocation thereof under sections 15, 16 and 22A of the Adults with Incapacity (Scotland) Act 2000 (“the Act”). The certificates are set out as Schedules to these Regulations. The changes are in consequence of the coming into force of amendments to sections 15(3) and 16(3) and the insertion of new sections 16A and 22A in the Act by section 57 of the Adult Support and Protection (Scotland) Act 2007 (asp 10).
Regulation 2 and Schedule 1 prescribe the certificate for granting a continuing or welfare power of attorney or both (new section 16A of the Act provides for a single certificate where a document confers both a continuing and welfare power of attorney).
Regulation 3 and Schedule 2 prescribe the certificate for revoking a power of attorney (new section 22A of the Act provides for the revocation of a power of attorney to incorporate a certificate in the prescribed form).
Regulation 4 prescribes the classes of persons, in addition to practising solicitors, who may issue a certificate under sections 15, 16 or 22A.
Regulation 5 revokes the Adults with Incapacity (Certificate in Relation to Powers of Attorney) (Scotland) Regulations 2001 and saves the effect of those Regulations with regard to certificates signed before 1st April 2008.
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