The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2007

Made21st February 2007

Laid before the Scottish Parliament22nd February 2007

Coming into force23rd March 2007

The Scottish Ministers, in exercise of the powers conferred by section 47(5) of the Adults with Incapacity (Scotland) Act 20001 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2007 and shall come into force on 23rd March 2007.

Medical treatment certificates2.

A certificate for the purposes of section 47(1) of the Adults with Incapacity (Scotland) Act 2000 (authority of persons responsible for medical treatment)2 shall be in the form set out in the Schedule to these Regulations.

Revocation3.

The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 20023 are revoked.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2007

SCHEDULECertificate of Incapacity for the purposes of Section 47(1) of the Adults with Incapacity (Scotland) Act 2000

Regulation 2

(This note is not part of the Regulations)

These Regulations follow on from the amendment to section 47 of the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”) made by section 35 of the Smoking, Health and Social Care (Scotland) Act 2005, which now enables persons other than medical practitioners to issue certificates of incapacity and for 3 year certificates of incapacity to be issued in certain prescribed circumstances. Previously, the maximum duration of such a certificate was 1 year.

These Regulations prescribe, for the purposes of section 47(1) of 2000 Act, the new form of certificate of a person mentioned in section 47(1A) of the 2000 Act (regulation 2 and the Schedule) which may subsist for a period of up to 3 years in certain prescribed circumstances. Those circumstances are separately prescribed by the Scottish Ministers in the Adults with Incapacity (Conditions and Circumstances Applicable to Three Year Medical Treatment Certificates (Scotland) Regulations 2007 (S.S.I. 2007/100).

These Regulations revoke the Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002 (S.S.I. 2002/208) which previously prescribed the form of certificate of incapacity for the purposes of section 47(1) of the 2000 Act (regulation 3).