SCHEDULE 2PROVISIONS OF THE ACT BROUGHT INTO FORCE BY ARTICLE 3 OF THIS ORDER ON 1ST APRIL 2002

Article 3

Column 1

Column 2

Column 3

Provision of the Act

Subject matter

Purposes

Section 6

The Public Guardian and his functions

Section 9

Functions of the Mental Welfare Commission

Section 10

Functions of local authorities

Section 12

Investigations

Section 24

Termination of continuing or welfare power of attorney

Section 53

Intervention orders

Section 54

Records: intervention orders

Section 55

Notification of change of address

Section 56

Registration of intervention order relating to heritable property

Section 57

Application for guardianship order

Section 58

Disposal of application

Section 59

Who may be appointed as guardian

Section 60

Renewal of guardianship order by sheriff

Section 61

Registration of guardianship order relating to heritable property

Section 62

Joint guardians

Section 63

Substitute guardian

Section 64

Functions and duties of guardian

Section 65

Records: guardians

Section 66

Gifts

Section 67

Effect of appointment and transactions of guardian

Section 68

Reimbursement and remuneration of guardian

Section 69

Forfeiture of guardian’s remuneration

Section 70

Non-compliance with decisions of guardian with welfare powers

Section 71

Replacement or removal of guardian or recall of guardianship by sheriff

Section 72

Discharge of guardian with financial powers

Section 73

Recall of powers of guardian

Section 74

Variation of guardianship order

Section 75

Resignation of guardian

Section 76

Change of habitual residence

Section 77

Termination of authority to intervene and guardianship on death of adult

Section 78

Amendment of registration under section 61 on events affecting guardianship or death of an adult

Section 79

Protection of third parties: guardianship

Section 80

Future appointment of curator bonis etc. incompetent

Section 81

Repayment of funds

Section 82

Limitation of liability

Section 84

Application to guardians appointed under Criminal Procedure (Scotland) Act 1995

Section 88

Continuation of existing powers, minor and consequential amendments and repeals

Only for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below

Schedule 2

Management of estate of adult

Schedule 4, paragraphs 1, 2, 3 and 6

Continuation of existing curators, tutors, guardians and attorneys under this Act

Schedule 5:

Minor and Consequential Amendments–

Paragraph 1

General

Paragraph 7

Heritable Securities (Scotland) Act 1894 (c. 44)

Paragraph 8

National Assistance Act 1984 (c. 29)

Paragraph 9

Offices, Shops and Railway Premises Act 1963 (c. 41)

Paragraph 12

Medicines Act 1968 (c. 67)

Paragraph 15

Solicitors (Scotland) Act 1980 (c. 46)

Paragraph 16

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

Paragraph 17(1), (2), (3) to (21) and (24)

Mental Health (Scotland) Act 1984 (c. 36)

Paragraph 18

Insolvency Act 1986 (c. 45)

Paragraph 20

Financial Services Act 1986 (c. 60)

Paragraph 21

Access to Health Records Act 1990 (c. 23)

Paragraph 22

Child Support Act 1991 (c. 48)

Paragraph 23

Social Security Administration Act 1992 (c. 5)

Paragraph 24

Health Service Commissioners Act 1993 (c. 46)

Paragraph 26

Criminal Procedure (Scotland) Act 1995 (c. 46)

Schedule 6

Repeals

For all purposes, other than bringing into force the repeal of provisions in the Improvement of Land Act 1864 (27&28 Vict. c.114) and in section 5(2) of the Mental Health (Scotland) Act 1984 (c. 36)