Adults with Incapacity (Scotland) Act 2000 (asp 4) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 GENERAL
General
1.General principles and fundamental definitions
Judicial proceedings
2.Applications and other proceedings and appeals
3.Powers of sheriff
4.Power of Court of Session or sheriff with regard to nearest relative
5.Safeguarding of interests in Court of Session appeals or proceedings
The Public Guardian
6.The Public Guardian and his functions
7.The Public Guardian: further provision
Expenses in court proceedings
8.Expenses in court proceedings
The Mental Welfare Commission
9.Functions of the Mental Welfare Commission
Local authorities
10.Functions of local authorities
Intimation
11.Intimation not required in certain circumstances
Investigations
12.Investigations
Codes of practice
13.Codes of practice
Appeal against decision as to incapacity
14.Appeal against decision as to incapacity
PART 2 CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY
15.Creation of continuing power of attorney
16.Creation and exercise of welfare power of attorney
17.Attorney not obliged to act in certain circumstances
18.Power of attorney not granted in accordance with this Act
19.Registration of continuing or welfare power of attorney
20.Powers of sheriff
21.Records: attorneys
22.Notification to Public Guardian
23.Resignation of continuing or welfare attorney
24.Termination of continuing or welfare power of attorney
PART 3 ACCOUNTS AND FUNDS
25.Authority to intromit with funds
26.Application for authority to intromit
27.Notification of change of address
28.Purposes of intromissions with funds
29.Withdrawal and use of funds
30.Records and inquiries
31.Duration and termination of registration
32.Joint accounts
33.Transfer of funds
34.Disapplication of Part 3
PART 4 MANAGEMENT OF RESIDENTS' FINANCES
35.Application of Part 4
36.Registration for purposes of managing residents' finances
37.Residents whose affairs may be managed
38.Financial procedures and controls in registered establishments
39.Matters which may be managed
40.Supervisory bodies
41.Duties and functions of managers of authorised establishment
42.Authorisation of named manager to withdraw from resident’s account
43.Statement of resident’s affairs
44.Resident ceasing to be resident of authorised establishment
45.Appeal, revocation etc
46.Disapplication of Part 4
PART 5 MEDICAL TREATMENT AND RESEARCH
47.Authority of persons responsible for medical treatment
48.Exceptions to authority to treat
49.Medical treatment where there is an application for intervention or guardianship order
50.Medical treatment where guardian etc. has been appointed
51.Authority for research
52.Appeal against decision as to medical treatment
PART 6 INTERVENTION ORDERS AND GUARDIANSHIP ORDERS
Intervention orders
53.Intervention orders
54.Records: intervention orders
55.Notification of change of address
56.Registration of intervention order relating to heritable property
Guardianship orders
57.Application for guardianship order
58.Disposal of application
59.Who may be appointed as guardian
60.Renewal of guardianship order by sheriff
61.Registration of guardianship order relating to heritable property
Joint and substitute guardians
62.Joint guardians
63.Substitute guardian
Functions etc. of guardian
64.Functions and duties of guardian
65.Records: guardians
66.Gifts
67.Effect of appointment and transactions of guardian
68.Reimbursement and remuneration of guardian
69.Forfeiture of guardian’s remuneration
70.Non-compliance with decisions of guardian with welfare powers
Termination and variation of guardianship and replacement, removal or resignation of guardian
71.Replacement or removal of guardian or recall of guardianship by sheriff
72.Discharge of guardian with financial powers
73.Recall of powers of guardian
74.Variation of guardianship order
75.Resignation of guardian
76.Change of habitual residence
Termination of authority to intervene and guardianship on death of adult
77.Termination of authority to intervene and guardianship on death of adult
78.Amendment of registration under section 61 on events affecting guardianship or death of adult
79.Protection of third parties: guardianship
PART 7 MISCELLANEOUS
80.Future appointment of curator bonis etc. incompetent
81.Repayment of funds
82.Limitation of liability
83.Offence of ill-treatment and wilful neglect
84.Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
85.Jurisdiction and private international law
86.Regulations
87.Interpretation
88.Continuation of existing powers, minor and consequential amendments and repeals
89.Citation and commencement
SCHEDULE 1
MANAGERS OF AN ESTABLISHMENT
1.For the purposes of Part 4“the managers” of an establishment...
2.The Scottish Ministers may by regulations amend the list of...
SCHEDULE 2
MANAGEMENT OF ESTATE OF ADULT
1.Management plan
2.Directions from sheriff
3.Inventory of estate
4.Money
5.Powers relating to investment and carrying on of business by guardian
6.Purchase or disposal of accommodation
7.Accounting and auditing
8.Approval of accounts
SCHEDULE 3
JURISDICTION AND PRIVATE INTERNATIONAL LAW
1.General
2.Appropriate sheriff
3.Applicable law
4.(1) The law governing the existence, extent, modification and extinction...
5.Nothing in this schedule displaces any enactment or rule of...
6.Nothing in this schedule requires or enables the application in...
7.Recognition and enforcement
8.(1) A measure which is enforceable in the country of...
9.(1) For the purposes of recognition or enforcement of a...
10.(1) The Scottish Ministers may, by order, provide for the...
11.Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention
12.General
13.Orders or regulations under this schedule shall be made by...
14.In this schedule— “the Convention” means the Hague Convention of...
SCHEDULE 4
CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT
1.Curators and tutors
2.Guardians
3.Proceedings relating to existing appointments
4.Attorneys
5.Managers
6.Application of Act to persons who become guardians by virtue of this schedule
7.Transitional Provisions
8.Interpretation
SCHEDULE 5
MINOR AND CONSEQUENTIAL AMENDMENTS
1.General
2.Defence Act 1842 (c. 94)
3.Judicial Factors Act 1849 (c. 51)
4.Improvement of Land Act 1864 (c. 114)
5.Titles to Land (Consolidation) (Scotland) Act 1868 (c. 101)
6.Judicial Factors (Scotland) Act 1889 (c. 39)
7.Heritable Securities (Scotland) Act 1894 (c. 44)
8.National Assistance Act 1948 (c. 29)
9.Offices, Shops and Railway Premises Act 1963 (c. 41)
10.Social Work (Scotland) Act 1968 (c. 49)
11.In section 68(1) of that Act after “persons” where second...
12.Medicines Act 1968 (c. 67)
13.Sheriff Courts (Scotland) Act 1971 (c. 58)
14.Land Registration (Scotland) Act 1979 (c. 33)
15.Solicitors (Scotland) Act 1980 (c. 46)
16.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
17.Mental Health (Scotland) Act 1984 (c. 36)
18.Insolvency Act 1986 (c. 45)
19.Legal Aid (Scotland) Act 1986 (c. 47)
20.Financial Services Act 1986 (c. 60)
21.Access to Health Records Act 1990 (c. 23)
22.Child Support Act 1991 (c. 48)
23.Social Security Administration Act 1992 (c. 5)
24.Health Service Commissioners Act 1993 (c. 46)
25.Clean Air Act 1993 (c. 11)
26.Criminal Procedure (Scotland) Act 1995 (c. 46)
SCHEDULE 6
REPEALS