Adults with Incapacity (Scotland) Act 2000 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1: General

      1. Section 1: General principles and fundamental definitions

      2. Judicial proceedings

         1. Section 2: Applications and other proceedings and appeals

         2. Section 3: Powers of sheriff

         3. Section 4: Power of Court of Session or sheriff with regard to nearest relative

         4. Section 5: Safeguarding of interests in Court of Session appeals or proceedings

      3. The Public Guardian

         1. Section 6: The Public Guardian and his functions

         2. Section 7: The Public Guardian: further provision

      4. Expenses in court proceedings

         1. Section 8: Expenses in court proceedings

      5. Mental Welfare Commission

         1. Section 9: Functions of the Mental Welfare Commission

      6. Local authorities

         1. Section 10: Functions of local authorities

      7. Intimation

         1. Section 11: Intimation not required in certain circumstances

      8. Investigations

         1. Section 12: Investigations

      9. Codes of practice

         1. Section 13: Codes of practice

      10. Appeal against decision as to incapacity

          1. Section 14: Appeal against decision as to incapacity

   2. Part 2: Continuing Powers of Attorney and Welfare Powers of Attorney

      1. Section 15: Creation of continuing power of attorney

      2. Section 16: Creation and exercise of welfare power of attorney

      3. Section 17: Attorney not obliged to act in certain circumstances

      4. Section 18: Power of attorney not granted in accordance with this Act

      5. Section 19: Registration of continuing or welfare power of attorney

      6. Section 20: Powers of sheriff

      7. Section 21: Records: attorneys

      8. Section 22: Notification to Public Guardian

      9. Section 23: Resignation of continuing or welfare attorney

      10. Section 24: Termination of continuing or welfare power of attorney

   3. Part 3: Accounts and Funds

      1. Section 25: Authority to intromit with funds

      2. Section 26: Application for authority to intromit

      3. Section 27: Notification of change of address

      4. Section 28: Purposes of intromissions with funds

      5. Section 29: Withdrawal and use of funds

      6. Section 30: Records and enquiries

      7. Section 31: Duration and termination of registration

      8. Section 32: Joint accounts

      9. Section 33: Transfer of funds

      10. Section 34: Disapplication of Part 3

   4. Part 4: Management of Residents’ Finances

      1. Section 35: Application of Part 4

      2. Section 36: Registration for purposes of managing residents' finances

      3. Section 37: Residents whose affairs may be managed

      4. Section 38: Financial procedures and controls in registered establishments

      5. Section 39: Matters which may be managed

      6. Section 40: Supervisory bodies

      7. Section 41: Duties and functions of managers of authorised establishment

      8. Section 42: Authorisation of named manager to withdraw from resident’s account

      9. Section 43: Statement of resident's affairs

      10. Section 44: Resident ceasing to be resident of authorised establishment

      11. Section 45: Appeal, revocation etc.

      12. Section 46: Disapplication of Part 4

   5. Part 5: Medical Treatment and Research

      1. Section 47: Authority of persons responsible for medical treatment

      2. Section 48: Exceptions to authority to treat

      3. Section 49: Medical treatment where there is an application for intervention or guardianship order

      4. Section 50: Medical treatment where guardian etc has been appointed

         1. 51:

            Authority for research

      5. Section 52: Appeal against decision as to medical treatment

   6. Part 6: Intervention Orders and Guardianship Orders

      1. Intervention orders

         1. Section 53: Intervention orders

         2. Section 54: Records: intervention orders

         3. Section 55: Notification of change of address

         4. Section 56: Registration of intervention order relating to heritable property

      2. Guardianship orders

         1. Section 57: Application for guardianship order

         2. Section 58: Disposal of application

         3. Section 59: Who may be appointed as guardian

         4. Section 60: Renewal of guardianship order by sheriff

         5. Section 61: Registration of guardianship order relating to heritable property

      3. Joint and substitute guardians

         1. Section 62: Joint guardians

         2. Section 63: Substitute guardian

      4. Functions etc. of guardian

         1. Section 64: Functions and duties of guardian

         2. Section 65: Records: guardians

         3. Section 66: Gifts

         4. Section 67: Effect of appointment and transactions of guardian

         5. Section 68: Reimbursement and remuneration of guardian

         6. Section 69: Forfeiture of guardian’s remuneration

         7. Section 70: Non-compliance with decisions of guardian with welfare powers

      5. Termination and variation of guardianship and replacement, removal or resignation of guardian

         1. Section 71: Replacement or removal of guardian or recall of guardianship by sheriff

         2. Section 72: Discharge of guardian with financial powers

         3. Section 73: Recall of powers of guardianship

         4. Section 74: Variation of guardianship order

         5. Section 75: Resignation of guardian

         6. Section 76: Change of habitual residence

         7. Section 77: Termination of authority to intervene and guardianship on death of adult

         8. Section 78: Amendment of registration under section 61 on events affecting guardianship or death of adult

         9. Section 79: Protection of third parties: guardianship

   7. Part 7: Miscellaneous

      1. Section 80: Future appointment of curator bonis etc incompetent

      2. Section 81: Repayment of funds

      3. Section 82: Limitation of liability

      4. Section 83: Offence of ill-treatment and wilful neglect

      5. Section 84: Application to guardians appointed under Criminal Procedure (Scotland) Act 1995

      6. Section 85: Jurisdiction and private international law

      7. Section 86: Regulations

      8. Section 87: Interpretation

      9. Section 88: Continuation of existing powers, minor and consequential amendments and repeals

      10. Section 89: Citation and commencement

      11. Schedule 1: Managers of an Establishment

      12. Schedule 2: Management of Estate of Adult

      13. Schedule 3: Jurisdiction and Private International Law

      14. Schedule 4: Continuation of Existing Curators, Tutors, Guardians and Attorneys Under This Act

      15. Schedule 5: Minor and Consequential Amendments

      16. Schedule 6: Repeals