2001 No. 78
ADULTS WITH INCAPACITY

The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 26(1)(c) of the Adults with Incapacity (Scotland) Act 20001 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Interpretation2.

In these Regulations–

“the Act” means the Adults with Incapacity (Scotland) Act 2000;

“advocate” means a practising member of the Faculty of Advocates;

“councillor” means a member of a council constituted by section 2 of the Local Government etc. (Scotland) Act 19942;
“executry practitioner” has the same meaning as in section 23 of the Law Reform Miscellaneous Provisions (Scotland) Act 19903;
“mental health officer” has the same meaning as in section 125 of the Mental Health (Scotland) Act 19844;

“qualified conveyancer” has the same meaning as in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

“registered European lawyer” has the same meaning as in regulation 2 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 20005;
“solicitor” has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 19806;
“registered teacher” has the same meaning as in section 135 of the Education (Scotland) Act 19807.

Classes of persons who may countersign an application under section 26 of the Act3.

An application made under section 26 of the Act shall be countersigned by a person who is a member of a class of persons referred to in the Schedule to these Regulations.

JAMES R WALLACE
A member of the Scottish Executive

St. Andrew’s House,

Edinburgh

SCHEDULECLASSES OF PERSONS WHO MAY COUNTERSIGN AN APPLICATION UNDER SECTION 26 OF THE ACT

Regulation 3

  • Advocates

  • Constables of a police force

  • Established civil servants

  • Executry practitioners

  • Justices of the peace

  • Councillors

  • Members of Parliament

  • Members of the European Parliament

  • Members of the Scottish Parliament

  • Mental health officers

  • Ministers of religion

  • Qualified conveyancers

  • Registered European lawyers

  • Registered medical practitioners

  • Registered nurses

  • Solicitors

  • Registered Teachers

(This note is not part of the Regulations)

These Regulations prescribe the classes of persons who may countersign an application made under section 26 of the Adults with Incapacity (Scotland) Act 2000.

Regulation 3 provides that a person who is a member of one of the classes of persons set out in the Schedule to these Regulations may countersign an application made under that section.