http://www.legislation.gov.uk/ssi/2001/80/madeThe Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001Local GovernmentKing's Printer for Scotland2016-04-12ADULTS WITH INCAPACITYThese 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.The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2008reg 5Scottish Statutory Instruments2001 No. 80ADULTS WITH INCAPACITYThe Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001Made7th March 2001Laid before the Scottish Parliament8th March 2001Coming into force2nd 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

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

and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.(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 attorney2.

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 Act4.

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 WALLACEA member of the Scottish Executive

St. Andrew’s House,

Edinburgh

7th March 2001SCHEDULE 1

Regulation 2

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

SCHEDULE 2

Regulation 3

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

(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.