Adults with Incapacity (Scotland) Act 2000 (asp 4)

Valid from 01/04/2008

[F1 Part 3 S Accounts and funds

Textual Amendments

F1 Pt. 3 (ss. 24A-33) substituted (prosp.) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 58, 79

Withdrawal certificates S

26A Withdrawal certificates S

(1) A withdrawal certificate may—

(a) authorise the transfer of funds—

(i) from the adult's current account to the designated account;

(ii) from the adult's current account to the adult's second account;

(iii) from the designated account to the adult's second account;

(b) authorise the continuance or making of arrangements for the regular or occasional payment of funds from the adult's current account for specified purposes (for example: by standing order or direct debit);

(c) authorise the withdrawal of funds from the designated account for specified purposes;

(d) place limits on the amount of funds that may be so transferred, paid or withdrawn.

(2) But such a certificate does not authorise a transfer of funds or payment that would cause—

(a) the adult's current account;

(b) the adult's second account; or

(c) the designated account,

to become overdrawn.

(3) If any of the accounts mentioned in paragraphs (a) to (c) of subsection (2) is overdrawn, the fundholder of that account has a right of relief against the withdrawer.

(4) In subsection (1)(b), “specified” means specified in the certificate of appointment.]