The Adults with Incapacity (Management of Residents' Finances) (No. 2) (Scotland) Regulations 2003

Explanatory Note

(This note does not form part of the Regulations)

These Regulations make provisions in relation to the management of the affairs of certain adults with incapacity in accordance with Part 4 (management of residents' finances) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the Act”).

They prescribe the form of certificate required to be given by a medical practitioner under section 37(2) of the Act where a resident is incapable of managing his or her own affairs (regulation 2 and Schedule 1).

They prescribe, for the purposes of section 37(8) of the Act, the evidence which a supervisory body must take into account when considering an application for a direction–

(a) that intimation need not be given to a resident of the intention to carry out an examination (section 37(3) of the Act);

(b) that a copy of the certificate need not be issued to the resident (section 37(4) of the Act); or

(c) that no notice shall be given to the resident of the intention to manage the resident’s affairs (section 37(4) of the Act) (regulation 3 and Schedule 2).

They prescribe, for the purposes of section 39(3) of the Act, the value of matters which may be managed without the consent of the supervisory body (regulation 4).

They prescribe, for the purposes of section 41(d) of the Act, the amount in excess of which funds held on behalf of a resident must be placed so as to earn interest (regulation 5).