The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 80

ADULTS WITH INCAPACITY

The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001

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 sections 15(3)(c) and 16(3)(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:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Adults with Incapacity (Certificates in Relation to Powers of Attorney) (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.

Certificates for use in connection with continuing and welfare powers of attorney

2.  For the purposes of section 15(3)(c) of the Act, the certificate to be incorporated in a written document granting a continuing power of attorney shall be in the form set out in Schedule 1.

3.  For the purposes of section 16(3)(c) of the Act, the certificate to be incorporated in a document granting a welfare power of attorney shall be in the form set out in Schedule 2.

Classes of persons for the purposes of sections 15(3)(c) or 16(3)(c) of the Act

4.  For the purposes of sections 15(3)(c) and 16(3)(c) of the Act, the following classes are hereby prescribed:–

(a) practising members of the Faculty of Advocates; and

(b) registered medical practitioners.

JAMES R WALLACE

A member of the Scottish Executive

St. Andrew’s House,

Edinburgh

7th March 2001

Regulation 2

SCHEDULE 1 CERTIFICATE UNDER SECTION 15(3)(c) OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 TO BE INCORPORATED IN A DOCUMENT GRANTING A CONTINUING POWER OF ATTORNEY

Regulation 3

SCHEDULE 2 CERTIFICATE UNDER SECTION 16(3)(c) OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT TO BE INCORPORATED IN A DOCUMENT GRANTING A WELFARE POWER OF ATTORNEY

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe certificates for use in connection with the grant of continuing powers of attorney under section 15 of the Adults with Incapacity (Scotland) Act 2000, and in connection with welfare powers of attorney under section 16 of that Act. The certificates are set out as Schedules to these Regulations.

Regulation 4 prescribes the classes of persons, in addition to solicitors, who may issue a certificate under section 15 or 16.

(1)

2000 asp 4. See section 87(1) for the definition of “prescribe” and section 86(1) as to power to make regulations