The Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Amendment Regulations 2014

Citation and commencement

1.  These Regulations may be cited as the Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Amendment Regulations 2014 and come into force on 9th June 2014.

Amendment of the Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Regulations 2002

2.  The Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities) (Scotland) Regulations 2002(1) are amended as follows.

3.  In regulation 2(1) (duties of local authority)—

(a) after “one year or more” insert “, subject to regulation 2A,”; and

(b) for “six” in both places where it occurs substitute “twelve”.

4.  Omit regulation 2(2) and substitute—

“(2) Where that guardian has been appointed for a period of less than one year the local authority shall arrange—

(a) for the adult and the guardian to be visited within 3 months of the guardianship order being granted; and

(b) for the guardian to be contacted no less than 3 months before the expiry of the guardianship order in order to consider renewal of the order and other arrangements for the welfare of the adult.

(2A) For the purposes of paragraph (2), contact with the guardian may be by email, telephone or visit.”.

5.  After regulation 2 insert—

“Variation or cessation of local authorities duties

2A.— (1) This regulation applies where a guardian with functions in relation to the personal welfare of an adult has been appointed for a period of one year or more, and the adult and the guardian have been visited within three months of the guardianship order being granted and at least once at an interval of not more than twelve months in accordance with regulation 2(1) (duties of local authorities).

(2) The local authority may decide to—

(a) vary the arrangements for visits thereafter to the adult and guardian so that the intervals between visits are more than twelve months; or

(b) cease visits to the adult or the guardian or both.

(3) The local authority must not decide in accordance with paragraph (2) where either the adult or the guardian objects to the proposed variation or cessation.

(4) Where a local authority decides in accordance with paragraph (2) it must notify the Mental Welfare Commission in the form prescribed in the Schedule to these Regulations.

(5) A local authority may decide, at any time after making a decision in accordance with paragraph (2), to—

(a) vary the arrangements for visits so that the interval between visits is not more than twelve months, in accordance with regulation 2(1)(b); or

(b) restart visits, where they have ceased.

(6) A local authority may decide in accordance with paragraph (5) of its own accord, or at the request of the adult or the guardian.”.

6.  In regulation 3 (information to be provided)—

(a) for “shall from time to time” in both places where it occurs substitute “must, on request by the local authority,”; and

(b) omit “, as the local authority may reasonably require” in both places where it occurs.

7.  After regulation 3 insert—

“3A.   Nothing in regulation 3 (information to be provided) prevents—

(a) a guardian providing to the local authority, without having been requested, any reports or other information which the guardian considers relevant to the personal welfare of the adult or the exercise by that guardian of that guardian’s power in relation to the personal welfare of the adult; and

(b) a person authorised under an intervention order providing to the local authority, without having been requested, any reports or other information which the person considers relevant to the personal welfare of the adult or the exercise by that person of that person’s functions.”.

8.  As the Schedule to the Adults with Incapacity (Supervision of Welfare Guardians etc. by Local Authorities (Scotland) Regulations 2002, insert—

Regulation 2A

“SCHEDULE

”.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th May 2014