PART 4

FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Appointees

Guidelines for decisions about appointees
85C
1
The Scottish Ministers—
a
must prepare guidelines governing their decisions in connection with appointments under sections 85A and 85B,
b
may revise the guidelines,
c
must make the latest version of the guidelines publicly available by such means as they consider appropriate.
2
The guidelines must, in particular, set out—
a
the steps that the Scottish Ministers will take to determine that a person is suitable for appointment,
b
how a request that an appointment be made or terminated may be made and how it will be handled,
c
the process by which persons with an interest in the making or termination of an appointment will be involved in those decisions,
d
the steps that the Scottish Ministers will take to review appointments periodically (being in any case no more than 5 years) and the process by which that will occur,
e
how concerns about the acts, or omissions, of an appointee may be raised and how any concerns raised will be handled.
3
In preparing or revising the guidelines, the Scottish Ministers must have regard (among other things) to the following considerations—
a
that an appointment in the case of a living individual should be made only if it appears to secure a benefit in respect of the individual that cannot reasonably be achieved without the appointment,
b
that such an appointment should last for only so long as it continues to secure that benefit,
c
that, so far as reasonably practicable, before decisions are made—
i
persons who may be affected are consulted, and
ii
due account is taken of their views (or, if they are incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000, their wishes and feelings),
d
that decisions should be made on the basis of good information,
e
that decision-making processes should, so far as reasonably practicable, take account of the circumstances of individual cases,
f
that persons who may be affected by decisions are given adequate information and support in relation to their involvement in the decision-making process.
4
In preparing or revising the guidelines, the Scottish Ministers must consult—
a
the Commissioner for Children and Young People in Scotland,
b
the Mental Welfare Commission for Scotland,
c
the Public Guardian (established by section 6 of the Adults with Incapacity (Scotland) Act 2000), and
d
local authorities.
S. 85A and cross-heading inserted (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 1(2), 18(1)
S. 85C inserted (26.7.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 2(5), 18(2)(3); S.S.I. 2021/232, reg. 2(a)