Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (International Protection of Adults) 2003

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”).

Article 2 inserts a new Part XXIV into Chapter 3 of the 1999 Rules. The new Part provide rules for applications by any interested party for registration of a measure, made under the law of a country other than Scotland, for the personal welfare or the protection of property of an adult with incapacity.

Schedule 3 to the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”) provides at paragraph 7 that such a measure may be recognised in Scotland if–

(b) jurisdiction in the country where it was taken was based on the habitual residence of the person to whom the measure relates; or

(c) the United Kingdom and that other country were, at the time the measure was taken, both parties to the Hague Convention of 13th January 2000 on the International Protection of Adults (which the United Kingdom intends to ratify in 2003).

Schedule 3 to the 2000 Act also provides at paragraph 7 the circumstances in which recognition may be refused. It is for the court to determine whether a measure is to be recognised, which it will do on an application under paragraph 8 of that schedule for registration of the measure.

In the new Part–

(i) rule 3.24.2 provides that an application for registration shall be by summary application, and shall include a copy of the measure (translated, if required);

(ii) rule 3.24.3 specifies those persons to whom intimation of an application shall be given;

(iii) rule 3.24.4 provides for intimation of any order made under that Part to the Public Guardian; and

(iv) rule 3.24.5 provides for a register of international measures that have been registered by an order made under that Part.