SCHEDULE 1Minor and consequential amendments

5Adults with Incapacity (Scotland) Act 2000 (asp 4)

The Adults with Incapacity (Scotland) Act 2000 is amended as follows—

a

in section 6(2)(b)(iii), for “to intromit” substitute “relating to intromission”,

b

in section 39(1)(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

c

in section 41(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

d

in section 47, after subsection (2) insert—

2A

Subsection (2)—

a

does not affect any authority conferred by any other enactment or rule of law; and

b

is subject to—

i

the following provisions of this section;

ii

sections 49 and 50; and

iii

sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.

e

in section 87, after subsection (1) insert—

1A

Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.

f

in paragraph 6(2) of schedule 2, after “carer” insert “, his named person”,

g

in paragraph 3(3) of schedule 3, for “18” substitute “20”,

h

for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

3

Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).

4

Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).