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Scottish Statutory Instruments

2002 No. 302

ADULTS WITH INCAPACITY

The Adults with Incapacity (Specified Medical Treatments) (Scotland) Amendment Regulations 2002

Made

21st June 2002

Laid before the Scottish Parliament

24th June 2002

Coming into force

1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 48(2) and (3) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Adults with Incapacity (Specified Medical Treatments) (Scotland) Amendment Regulations 2002 and shall come into force on 1st July 2002.

Amendment of Regulations

2.  In Part 1 of Schedule 1 to the Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002(2), paragraph 1 (neurosurgery for mental disorder) is omitted.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st June 2002

Explanatory Note

(This note is not part of the Regulations)

The Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002 make provision in relation to the medical treatment of adults with incapacity. They specify certain medical treatments to which the authority to treat under section 47(2) of the Adults with Incapacity (Scotland) Act 2000 shall not apply and authorise the carrying out of such treatments but only in accordance with the provisions of the Regulations.

This instrument amends those 2002 Regulations (with effect from 1st July 2002 – the same day as those Regulations come into force) so as to remove neurosurgery for mental disorder from the list of medical treatments to which the authority under section 47(2) will not apply.