The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002

Scottish Statutory Instruments

2002 No. 96

ADULTS WITH INCAPACITY

The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002

Made

5th March 2002

Laid before the Scottish Parliament

7th March 2002

Coming into force

1st April 2002

The Scottish Ministers, in exercise of the powers conferred by sections 57(3) and 86(2) 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 (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 and shall come into force on 1st April 2002.

Interpretation

2.  Any reference in these Regulations–

(a) to a numbered section is a reference to the section bearing that number in the Adults with Incapacity (Scotland) Act 2000; and

(b) to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations.

Report from medical practitioner

3.  The reports by medical practitioners under section 57(3)(a) in relation to an application for–

(a) a guardianship order;

(b) renewal of a guardianship order; or

(c) an intervention order,

shall be in the form set out in Schedule 1.

Report from mental health officer

4.  A report by the mental health officer under section 57(3)(b) in relation to an application for–

(a) a guardianship order shall be in the form set out in Schedule 2;

(b) renewal of a guardianship order shall be in the form set out in Schedule 3; and

(c) an intervention order shall be in the form set out in Schedule 4.

Report from chief social work officer

5.  A report by the chief social work officer under section 57(3)(b) in relation to an application for–

(a) a guardianship order shall be in the form set out in Schedule 5;

(b) renewal of a guardianship order shall be in the form set out in Schedule 6; and

(c) an intervention order shall be in the form set out in Schedule 7.

Report from person with sufficient knowledge

6.  A report, by a person with sufficient knowledge as to the matters referred to in section 57(3)(b)(i) and (ii), under section 57(3)(c) in relation to an application for–

(a) a guardianship order shall be in the form set out in Schedule 8;

(b) renewal of a guardianship order shall be in the form set out in Schedule 9; and

(c) an intervention order shall be in the form set out in Schedule 10.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2002

Regulation 3

SCHEDULE 1

Regulation 4(a)

SCHEDULE 2

Regulation 4(b)

SCHEDULE 3

Regulation 4(c)

SCHEDULE 4

Regulation 5(a)

SCHEDULE 5

Regulation 5(b)

SCHEDULE 6

Regulation 5(c)

SCHEDULE 7

Regulation 6(a)

SCHEDULE 8

Regulation 6(b)

SCHEDULE 9

Regulation 6(c)

SCHEDULE 10

Explanatory Note

(This note is not part of the Regulations)

These regulations prescribe the forms to be used by certain persons when completing reports for the purposes of applications for guardianship orders, renewal of guardianship orders and intervention orders under the Adults with Incapacity Act 2000.

Regulation 3 provides that reports by medical practitioners shall be in the form set out at Schedule 1.

Regulation 4 provides that reports by a mental health officer shall be in the forms set out at Schedules 2, 3 and 4.

Regulation 5 provides that reports by a chief social work officer shall be in the forms set out at Schedules 5, 6 and 7.

Regulation 6 provides that reports by a person with knowledge of the property and financial affairs of an incapable adult shall be in the forms set out at Schedules 8, 9 and 10.

(1)

2000 asp 4; see section 87(1) for the definition of “prescribed” and section 86(1) as to the power to make regulations. Sections 53(4) and 60(3) apply section 57(3) to intervention orders and renewals of guardianship orders respectively.