Part 5

Appointees

Power to make provision in relation to appointments made by a Minister of the Crown
15
1
The 2018 Act is modified as follows.
2
After section 85E insert—

Power to make provision in relation to appointments made by a Minister of the Crown
85F
1
The Scottish Ministers may by regulations make provision for an appointed person to be treated as though appointed by the Scottish Ministers under section 85A or 85B to act on behalf of that individual.
2
In this section “appointed person” means a person appointed by a Minister of the Crown to act on behalf of an individual who is or may be eligible to receive assistance by virtue of this Act.
3
Regulations under subsection (1) are to—
a
specify—
i
the category of individuals to whom the regulations apply,
ii
the appointed persons to whom the regulations apply, by reference to the provision under which they were appointed, and
iii
the forms of assistance in relation to which paragraph (b) is to apply, and
b
provide that where an individual to whom the regulations apply is or may be eligible to receive a specified form of assistance, the Scottish Ministers must, as soon as reasonably practicable—
i
consider whether the conditions for making an appointment under section 85A or 85B are met in relation to the individual,
ii
consider whether to terminate the appointment that is treated as having been made by virtue of the regulations, and terminate it if they consider appropriate,
iii
if they have terminated an appointment under sub-paragraph (ii), appoint a person under section 85A or 85B to act on behalf of the individual if they consider it appropriate to do so.
.

Liability of appointees under sections 85A and 85B of the 2018 Act
16
1
The 2018 Act is modified as follows.
2
After section 85F (inserted by section 15(2)) insert—

Liability of appointees under sections 85A and 85B
85G
1
Where a person appointed under section 85A or 85B (or treated as being so appointed as a result of regulations made under section 85F) uses any funds of the child or (as the case may be) other individual for whom the person is acting—
a
outwith the person’s authority or power to act under that appointment,
b
in breach of any duty or responsibility arising from that appointment,
c
after the person’s appointment is terminated,
that person is liable to repay those funds to the child or other individual.
2
A person appointed under section 85A or 85B (or treated as being so appointed as a result of regulations made under section 85F) is not liable under subsection (1) where the person has—
a
acted reasonably and in good faith, or
b
failed to act and the failure was reasonable and in good faith.
.
S. 15 not in force at Royal Assent, see s. 27(2)
S. 16 not in force at Royal Assent, see s. 27(2)