Scottish Statutory Instruments
ADULTS WITH INCAPACITY
Made
7th March 2001
Laid before the Scottish Parliament
8th March 2001
Coming into force
2nd April 2001
The Scottish Ministers, in exercise of the powers conferred by section 26(1)(c) of the Adults with Incapacity (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
1. 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.
2. 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 1994(2);
“executry practitioner” has the same meaning as in section 23 of the Law Reform Miscellaneous Provisions (Scotland) Act 1990(3);
“mental health officer” has the same meaning as in section 125 of the Mental Health (Scotland) Act 1984(4);
“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 2000(5);
“solicitor” has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 1980(6);
“registered teacher” has the same meaning as in section 135 of the Education (Scotland) Act 1980(7).
3. 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
7th March 2001
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.
2000 asp 4. See section 87(1) for the definition of “prescribe”and section 86(1) as to power to make regulations.
1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).
1980 c. 46; section 65 was amended and repealed in part by the Law Reform (Miscellaneous Provisions) Scotland Act 1990 (c. 40), Schedule 8, paragraph 29(15) and Schedule 9.