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

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

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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..

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