Point in time view as at 01/04/2015.
There are currently no known outstanding effects for the Adults with Incapacity (Scotland) Act 2000, Section 31B.
(1)This section applies to an application under section 25 if condition A or B is satisfied.
(2)Condition A is that the application is made by a person holding an existing withdrawal certificate.
(3)Condition B is that—
(a)the main withdrawer has died or become incapable or the main withdrawer's authority under this Part has been terminated; and
(b)the application is made, without undue delay, by an individual who was the reserve withdrawer at the time of the death, incapacity, or termination, as the case may be.
(4)Where this section applies, the Public Guardian may disapply any of the provisions in sections 26(1), 27A and 27B to an application to which this section applies (but may require the applicant to provide such other information as the Public Guardian requires to determine the application).
(5)Where condition A is satisfied in relation to an application under section 25, the existing withdrawal certificate will continue to be valid until the application is determined.
(6)Where an application to which this section applies is granted, the existing withdrawal certificate ceases to be valid.]
Textual Amendments
F1Pt. 3 substituted (1.4.2008) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 58, 79(3); S.S.I. 2008/49, art. 2(1) (with arts. 3 4)
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