Adults with Incapacity (Scotland) Act 2000

40Supervisory bodies

This section has no associated Explanatory Notes

(1)A supervisory body for the purposes of this Part is—

(a)in relation to a registered establishment (other than an establishment mentioned in paragraph (f) of section 35(1)), the person or body with whom the establishment is required to register;

(b)in relation to an authorised establishment mentioned in paragraphs (a), (c), (f) or (g) of section 35(1), the Health Board for the area in which the authorised establishment is situated;

(c)in relation to an authorised establishment mentioned in paragraph (e) of that section, the local authority of the area in which the authorised establishment is situated,

and any reference in this Part to an authorised establishment in relation to a supervisory body is a reference to an authorised establishment for which the supervisory body is responsible.

(2)A supervisory body shall from time to time make inquiry as to the manner in which the managers of an authorised establishment are carrying out the management of residents' affairs and in particular the manner in which they are carrying out their functions under section 41.

(3)A supervisory body shall investigate any complaint received as to the manner in which the managers of an authorised establishment are managing residents' affairs.

(4)The Scottish Ministers may by regulations amend the list of supervisory bodies set out in subsection (1).