Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes amendments to Part XVI of the Summary Applications Rules (“the Rules”) in consequence of the Adult Support and Protection (Scotland) Act 2007 (asp 10).

Paragraph (2) amends the Rules to insert a definition of the adult’s named person by reference to the Mental Health (Care and Treatment) (Scotland) Act 2003, provides that applications under the 2000 Act should be served on any named person and inserts reference to the named person into Forms 23 and 24 in Schedule 1.

Paragraph (3) amends the Rules in relation to applications for guardianship orders by amending the definition of “adult” to include persons who will reach age 16 within 3 months of the date of the application. It also provides that applications for renewal of such orders should be served on the local authority and, where relevant, on the Mental Welfare Commission.

Paragraph (4) amends rule 3.16.10 (caution) to provide that, where caution is ordered, it may be calculated as a percentage of the adult’s estate. It also provides that where a sheriff requires a party to give security other than caution, chapter 27 of the Ordinary Cause Rules will apply and the heading is changed to “Caution and other security”.