http://www.legislation.gov.uk/asp/2000/4/section/35/2011-04-01Adults with Incapacity (Scotland) Act 2000An Act of the Scottish Parliament to make provision as to the property, financial affairs and personal welfare of adults who are incapable by reason of mental disorder or inability to communicate; and for connected purposes.2000-05-09texttext/xmlenStatute Law Database2024-05-15Expert Participation2011-04-01 PART 4351Subject to subsection (3), this Part applies to the management of the matters set out in section 39 relating to any resident of any of the following establishments—aa health service hospital ;ban independent hospital or private psychiatric hospital. . . ;ca State hospital;da care home service; andea limited registration service.2In this Part establishments mentioned in paragraph (b), (d) or (e) of subsection (1) are referred to as “registered establishments”, all other establishments mentioned in subsection (1) are referred to as “unregistered establishments”, and registered and unregistered establishments together are referred to as “authorised establishments”.3This Part shall not apply to a registered establishment where notice in writing is given to the supervisory body by—athe managers of the registered establishment; orban applicant, under section 59(1) of the Public Services Reform (Scotland) Act 2010 (asp 8) or section 10P(1) of the National Health Service (Scotland) Act 1978, as the case may be, for registration of the service which comprises that establishment,that it shall not apply.4The Scottish Ministers may by regulations amend the list of authorised establishments set out in subsection (1).5In this Part, “the managers” has the meaning set out in schedule 1; and “resident” in relation to an authorised establishment means an adult whose main residence for the time being is the authorised establishment or whose detention there is authorised by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the 2003 Act .6Expressions used in subsection (1) and ina the Public Services Reform (Scotland) Act 2010 have the same meanings in that subsection as in that Act; bthe National Health Service (Scotland) Act 1978 (c.29) have the same meanings in that subsection as in that Act.S. 35(1)(a)-(e) substituted (1.4.2002) for s. 35(1)(a)-(g) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 23(2)(a); S.S.I. 2002/162, art. 2Words in s. 35(1)(b) inserted (2.12.2005) by The Adults with Incapacity (Management of Residents' Finances) (Scotland) Regulations 2005 (S.S.I. 2005/610), art. 2Words in s. 35(1)(b) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331, 333(2)-(4), Sch. 5; S.S.I. 2005/161, art. 3Words in s. 35(2) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 23(2)(b); S.S.I. 2002/162, art. 2Words in s. 35(3)(b) substituted (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 23(2)(c); S.S.I. 2002/162, art. 2Words in s. 35(5) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331, 333(2)-(4), Sch. 4 para. 9(2); S.S.I. 2005/161, art. 3S. 35(6) added (1.4.2002) by 2001 asp 8, ss. 79, 81(2), Sch. 3 para. 23(2)(d); S.S.I. 2002/162, art. 2Pt. 4 modified (1.4.2003) by 2001 asp 8, ss. 8(1), 81(2); S.S.I. 2003/205, art. 2 (with transitional provisions in art. 3)Words in s. 35(3)(b) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 8(2)(a)Words in s. 35(3)(b) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 5(2)(a)Words in s. 35(6) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 8(2)(b)S. 35(6)(b) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 5(2)(b)