Search Legislation

Adults with Incapacity (Scotland) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Adults with Incapacity (Scotland) Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULE 5S MINOR AND CONSEQUENTIAL AMENDMENTS

(introduced by section 88(2))

This schedule has no associated Explanatory Notes

GeneralS

1With effect from the commencement of this paragraph any reference in any enactment or document to a curator bonis or a tutor or curator of a person of or over the age of 16 years shall be construed as a reference to a guardian with similar powers appointed to that person under this Act.

Defence Act 1842 (c.94)S

2(1)In section 15 of the Defence Act 1842—

(a)after “nonage" in both places there shall be inserted “ or mental incapacity ”;

(b)“or not of whole mind" shall be repealed;

(c)for “out of prison, within this land, or of whole mind" there shall be substituted “ within this land ”.

(2)In section 27 of that Act for “lunacy" there shall be substituted “ mental incapacity ”.

Judicial Factors Act 1849 (c.51)S

3In section 34A of the Judicial Factors Act 1849 for “recovery, death or coming of age of the ward" there shall be substituted “ coming to an end of the situation giving rise to it ”.

Prospective

Improvement of Land Act 1864 (c.114)S

4F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)S

5(1)In section 24 of the Titles to Land (Consolidation) (Scotland) Act 1868 for “mental disorder within the meaning of the Mental Health (Scotland) Act 1960" there shall be substituted “ mental or other incapacity ”.

(2)In section 62 of that Act for “of insane mind" there shall be substituted “ mental or other incapacity ”.

Judicial Factors (Scotland) Act 1889 (c.39)S

6(1)In section 2 of the Judicial Factors (Scotland) Act 1889 at the beginning there shall be inserted “Without prejudice to section 6(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (Accountant of Court to be Public Guardian)".

(2)In section 6 of that Act, in the proviso, after “apply to" there shall be inserted “ guardians appointed under the Adults with Incapacity (Scotland) Act 2000 (asp 4), to ”.

Heritable Securities (Scotland) Act 1894 (c.44)S

7In section 13 of the Heritable Securities (Scotland) Act 1894—

(a)after “(b) trustees" there shall be inserted—

(c)the person entitled to act as the legal representative of any such person;

(b)“tutors, curators," shall be repealed.

Commencement Information

I1Sch. 5 para. 7 wholly in force at 1.4.2002; Sch. 5 para. 7 not in force at Royal Assent see s. 89(2); Sch. 5 para. 7 in force for specified purposes at 2.4.2001 by S.I. 2001/81, art. 2, Sch. 1; Sch. 5 para. 7 wholly in force at 1.4.2002 by S.S.I. 2001/81, art. 3, Sch. 2

National Assistance Act 1948 (c.29)S

8In section 49 of the National Assistance Act 1948 as it applies to Scotland—

(a)immediately before “the council" where last occurring there shall be inserted “ or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4) ”;

(b)immediately before “in so far as" there shall be inserted “ or his functions under the intervention order or as guardian ”.

Offices, Shops and Railway Premises Act 1963 (c.41)S

9In section 90(1) of the Offices, Shops and Railway Premises Act 1963 in the definition of “owner" for “, tutor or curator" there shall be substituted “ or person entitled to act as legal representative of a person under disability by reason of nonage or mental or other incapacity ”.

Commencement Information

I2Sch. 5 para. 9 wholly in force at 1.4.2002; Sch. 5 para. 9 not in force at Royal Assent see s. 89(2); Sch. 5 para. 9 in force for specified purposes at 2.4.2001 by S.S.I. 2001/81, art. 2, Sch. 1; Sch. 5 para. 9 wholly in force at 1.4.2002 by S.S.I. 2001/81, art. 3, Sch. 2

Prospective

10SF2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

11SF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Medicines Act 1968 (c.67)S

12In section 72 of the Medicines Act 1968—

(a)in subsection (1) for “curator bonis" there shall be substituted “ guardian ”;

(b)in subsections (3)(d) and (4)(c) “curator bonis," shall be repealed.

Sheriff Courts (Scotland) Act 1971 (c.58)S

13In section 32(1) of the Sheriff Courts (Scotland) Act 1971 after paragraph (j) there shall be inserted—

(k)prescribing the procedure to be followed in appointing a person under section 3(4) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) and the functions of such a person..

Land Registration (Scotland) Act 1979 (c.33)S

14In section 12(3) of the Land Registration (Scotland) Act 1979 after paragraph (k) there shall be inserted—

(kk)the loss is suffered by an adult within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4) because of the operation of sections 22, 49, 60, 70 or 71A of that Act, or by any person who acquires any right, title or interest from that adult;.

Solicitors (Scotland) Act 1980 (c.46)S

15In section 18(1) of the Solicitors (Scotland) Act 1980—

(a)in paragraph (a) “or becomes subject to guardianship" shall be repealed;

(b)for paragraph (b) there shall be substituted—

(b)a guardian is appointed to a solicitor under the Adults with Incapacity (Scotland) Act 2000 (asp 4);.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)S

16In group C of Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 for paragraphs (b) and (c) there shall be substituted—

(b)persons for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act 2000 (asp 4)..

Mental Health (Scotland) Act 1984 (c.36)S

17(1)In section 3 of the Mental Health (Scotland) Act 1984—

(a)in subsection (1) “guardianship or” shall be repealed;

(b)in subsection (2) in paragraph (b) “or who are subject to guardianship” shall be repealed.

(2)In section 5(2) of that Act “and the guardian of any person subject to guardianship under this Act” shall be repealed.

(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Sch. 5 para. 17 partly in force; Sch. 5 para. 17 not in force at Royal Assent see s. 89(2); Sch. 5 para. 17(3)-(21)(24)(b) in force for specified purposes at 2.4.2001; Sch. 5 para. 17(1)(2) in force and Sch. 5 para. 17(3)-(21)(24) in force in so far as not already in force at 1.4.2002 by S.S.I. 2001/81, arts. 2, 3, Schs. 1, 2; Sch. 5 para. 17(23) in force at 1.10.2003 by S.S.I. 2003/267, art. 2(2)(d)

Insolvency Act 1986 (c.45)S

18In section 390(4)(c) of the Insolvency Act 1986 at the end there shall be added “or has had a guardian appointed to him under the Adults with Incapacity (Scotland) Act 2000 (asp 4).".

Legal Aid (Scotland) Act 1986 (c.47)S

19In section 36(3) of the Legal Aid (Scotland) Act 1986, after paragraph (b) there shall be inserted—

(bb)is concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the Adults with Incapacity (Scotland) Act 2000 (asp 4);.

Financial Services Act 1986 (c.60)S

20In section 45(1)(d) of the Financial Services Act 1986 at the end there shall be added “or when acting in the exercise of his functions as Public Guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4);".

Access to Health Records Act 1990 (c.23)S

21In section 3 of the Access to Health Records Act 1990, in subsection (3) after paragraph (e) there shall be inserted—

(ee)where the record is held in Scotland and the patient is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4) in relation to making or authorising the application, any person entitled to act on behalf of the patient under that Act..

Child Support Act 1991 (c.48)S

22In section 50 of the Child Support Act 1991 in subsection (8)(c) for paragraphs (i) and (ii) there shall be substituted “a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4).".

Commencement Information

I4Sch. 5 para. 22 wholly in force at 1.4.2002; Sch. 5 para. 22 not in force at Royal Assent see s. 89(2); Sch. 5 para. 22 in force for specified purposes at 2.4.2001 by S.S.I. 2001/81, art. 2, Sch. 1; Sch. 5 para. 22 wholly in force at 1.4.2002 by S.S.I. 2001/81, art. 3, Sch. 2

Social Security Administration Act 1992 (c.5)S

23In section 123 of the Social Security Administration Act 1992 in subsection (10)(c) for paragraphs (i) and (ii) there shall be substituted “a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4).".

Commencement Information

I5Sch. 5 para. 23 wholly in force at 1.4.2002; Sch. 5 para. 23 not in force at Royal Assent see s. 89(2); Sch. 5 para. 23 in force for specified purposes at 2.4.2001 by S.S.I. 2001/81, art. 2, Sch. 1; Sch. 5 para. 23 wholly in force at 1.4.2002 by S.S.I. 2001/81, art. 3, Sch. 2

Health Service Commissioners Act 1993 (c.46)S

24In section 7A of the Health Service Commissioners Act 1993 after “patients)" there shall be inserted “ or ”, “or 50 (orders discharging patients from guardianship)" shall be repealed, and at the end there shall be inserted “ or section 73 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) ”.

Clean Air Act 1993 (c.11)S

25In section 64 of the Clean Air Act 1993 in subsection (1) in the definition of “owner" for “tutor or curator" there shall be substituted “ or person entitled to act as the legal representative of a person under disability by reason of nonage or mental or other incapacity ”.

Criminal Procedure (Scotland) Act 1995 (c.46)S

26(1)In section 57 of the Criminal Procedure (Scotland) Act 1995—

(a)in subsection (2)(c) for first “person" there shall be substituted “ person’s personal welfare ”;

(b)in subsection (4) after “58(1)," there shall be inserted “ 58(1A), ”;

(c)at the end there shall be added—

(6)Section 58A of this Act shall have effect as regards guardianship orders made under subsection (2)(c) of this section..

(2)In section 58 of that Act—

(a)for subsection (1) there shall be substituted—

(1)Where a person is convicted in the High Court or the sheriff court of an offence, other than an offence the sentence for which is fixed by law, punishable by that court with imprisonment, and the court—

(a)is satisfied on the written or oral evidence of two medical practitioners (complying with section 61 of this Act) that the grounds set out in section 17(1) of the Mental Health (Scotland) Act 1984 apply in relation to the offender;

(b)is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the offender and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this subsection,

the court may, subject to subsection (2) below, by order authorise his admission to and detention in such hospital as may be specified in the order.

(1A)Where a person is convicted as mentioned in subsection (1) above and the court is satisfied—

(a)on the evidence of two medical practitioners (complying with section 61 of this Act and with any requirements imposed under section 57(3) of the Adults with Incapacity (Scotland) Act 2000 (asp 4)) that the grounds set out in section 58(1)(a) of that Act apply in relation to the offender;

(b)that no other means provided by or under this Act would be sufficient to enable the offender’s interests in his personal welfare to be safeguarded or promoted,

the court may, subject to subsection (2) below, by order place the offender’s personal welfare under the guardianship of such local authority or of such other person approved by a local authority as may be specified in the order.;

(b)in subsections (2), (3) and (10) for “subsection (1)" there shall be substituted “ subsection (1) or (1A) ”;

(c)in subsections (5) and (7) after “subsection (1)" there shall be inserted “ or paragraph (a) of subsection (1A), ”;

(d)for subsection (6) there shall be substituted—

(6)An order placing a person under the guardianship of a local authority or of any other person (in this Act referred to as “a guardianship order”) shall not be made under this section unless the court is satisfied—

(a)on the report of a mental health officer (complying with any requirements imposed by section 57(3) of the Adults with Incapacity (Scotland) Act 2000 (asp 4)) giving his opinion as to the general appropriateness of the order sought, based on an interview and assessment of the person carried out not more than 30 days before it makes the order, that it is necessary in the interests of the personal welfare of the person that he should be placed under guardianship;

(b)that any person nominated to be appointed a guardian is suitable to be so appointed;

(c)that the authority or person is willing to receive that person into guardianship; and

(d)that there is no other guardianship order, under this Act or the Adults with Incapacity (Scotland) Act 2000 (asp 4), in force relating to the person.;

(e)at the end there shall be added—

(11)Section 58A of this Act shall have effect as regards guardianship orders made under subsection (1) of this section..

(3)After section [F660A] of that Act there shall be inserted—

[F760B] Intervention orders

The court may instead of making a hospital order under section 58(1) of this Act or a guardianship order under section 57(2)(c) or 58(1A) of this Act, make an intervention order [F8(as defined in section 53(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4)] where it considers that it would be appropriate to do so..

(4)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources