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Trusts and Succession (Scotland) Act 2024
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83Meaning of incapable and related expressions
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(1)In this Act—
(a)“incapable” (and related expressions) is to be construed in accordance with section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (fundamental definitions), but with the modification that the reference in the closing words of that definition to any provision of that Act is to be read as to any provision of this Act,
(b)a reference to a person having legal capacity is a reference to a person who—
(i)is not incapable, and
(ii)does not otherwise lack legal capacity (for example, by reason of non-age).
(2)The Scottish Ministers may by regulations—
(a)make provision modifying the effect of the definition of “incapable” in the Adults with Incapacity (Scotland) Act 2000 as it applies for the purposes of this Act by virtue of this section, or
(b)amend this section to replace or modify the definition of “incapable” for the purposes of this Act.
(3)Regulations under this section are subject to the affirmative procedure.
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