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Adults with Incapacity (Scotland) Act 2000

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This is the original version (as it was originally enacted).

4Power of Court of Session or sheriff with regard to nearest relative

Explanatory NotesShow EN

(1)On an application by an adult, the court may, having regard to section 1 and being satisfied that to do so will benefit the adult, make an order that—

(a)certain information shall not be disclosed, or intimation of certain applications shall not be given, to the nearest relative of the adult;

(b)the functions of the nearest relative of the adult shall, during the continuance in force of the order, be exercised by a person, specified in the application, who is not the nearest relative of the adult but who—

(i)is a person who would otherwise be entitled to be the nearest relative in terms of this Act;

(ii)in the opinion of the court is a proper person to act as the nearest relative; and

(iii)is willing to so act; or

(c)no person shall, during the continuance in force of the order, exercise the functions of the nearest relative.

(2)An order made under subsection (1) shall apply only to the exercise of the functions under this Act of the nearest relative.

(3)The court may, on an application by an adult, make an order varying the terms of an order granted under subsection (1).

(4)No application shall be made under this section by an adult who is not incapable within the meaning of this Act at the time of making the application.

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