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Age of Legal Capacity (Scotland) Act 1991

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5 Guardians of persons under 16.S

(1)Except insofar as otherwise provided in Schedule 1 to this Act, as from the commencement of this Act any reference in any rule of law, enactment or document to the tutor F1. . . of a pupil child shall be construed as a reference to [F2a person entitled to act as a child’s legal representative (within the meaning of Part I of the Children (Scotland) Act 1995), and any reference to the tutory of such a child shall be construed as a reference to the entitlement to act as a child’s legal representative enjoyed by a person by, under or by virtue of the said Part I.]

(2)Subject to section 1(3)(f) above, as from the commencement of this Act no guardian of a person under the age of 16 years shall be appointed as such except under [F3section 7 of the Children (Scotland) Act 1995.]

(3)As from the commencement of this Act, no person shall, by reason of age alone, be subject to the curatory of another person.

(4)As from the commencement of this Act, no person shall be appointed as factor loco tutoris.

Textual Amendments

F3Words in s. 5(2) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 53(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

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