2003 No. 267 (C. 13)
ADULTS WITH INCAPACITY

The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 4) Order 2003

Made
The Scottish Ministers, in exercise of the powers conferred by section 89(2) of the Adults with Incapacity (Scotland) Act 20001 and all other powers enabling them in that behalf, hereby make the following Order:

Citation1.

This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 4) Order 2003.

Commencement2.

(1)

Sections 37(2) and (9), 39(3) and 41(d) of the Adults with Incapacity (Scotland) Act 2000 shall so far as not already in force come into force on 29th May 2003 but only for the purpose of making regulations.

(2)

The following provisions of the Adults with Incapacity (Scotland) Act 2000 shall come into force on 1st October 2003:–

(a)

Part 4 (management of residents' finances) insofar as not already in force;

(b)

schedule 1 (managers of an establishment);

(c)

section 88(1) and schedule 4 but only for the purpose of bringing paragraph 5 of that schedule into force;

(d)

section 88(2) and schedule 5 (minor and consequential amendments) but only for the purpose of bringing paragraph 17(23) of that schedule into force; and

(e)

section 88(3) and schedule 6 (repeals) but only for the purpose of bringing into force the repeal in section 5(2) and of section 94 of the Mental Health (Scotland) Act 19842.
MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order appoints 29th May 2003 as the date for the coming into force of sections 37(2) and (9), 39(3) and 41(d) of the Adults with Incapacity (Scotland) Act 2000, but only for the purposes of making Regulations. They will come fully into force on 1st October 2003.

This Order further appoints 1st October 2003 as the date for the coming into force of Part 4, schedule 1 and parts of schedules 4, 5 and 6.

The provisions of the Act remaining to be commenced after this Order are certain provisions from schedules 3 to 6.

(This note is not part of the Order)

The following provisions of the Act have been, or will be, brought into force by the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001 (S.S.I. 2001/81), as amended by the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) (Amendment) Order 2002 (S.S.I. 2002/172) and the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 2) Order 2002 (S.S.I. 2002/189) and the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 3) Order 2003 (S.S.I. 2003/136) and the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 3) Partial Revocation Order 2003 (S.S.I. 2003/227).

Provision

Date of commencement

Sections 6, 9, 10, 12, 24, 81, 82, 85, 88 and Schedules 3, 4, 5 and 6 (all partially only); and sections 1 to 5, 7, 8, 11, 13 to 23, 25 to 34, 83, 86 and 87

2.4.2001

Sections 6, 9, 10, 12 and 24 (for the purposes for which they are not already in force), sections 53 to 80, 81 (partially), 82 (partially), 84, 88 (partially), Schedule 2 and Schedules 4, 5 and 6 (all partially only)

1.4.2002

Sections 47, 48, 49, 50, 51 and 52

1.7.2002