- Latest available (Revised)
- Original (As made)
The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012
You are here:
- Scottish Statutory Instruments
- 2012 No. 170
- Whole Instrument
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012
Alternative versions:
Changes to legislation:
There are currently no known outstanding effects for The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Scottish Statutory Instruments
2012 No. 170
Adults With Incapacity
The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012
Made
29th May 2012
Laid before the Scottish Parliament
31st May 2012
Coming into force
2nd July 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000(1) and all other powers enabling them to do so.
Citation and commencementS
1. These Regulations may be cited as the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012 and come into force on 2nd July 2012.
Amendment of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007S
2. For regulation 2 of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007(2) substitute—
“2. The requirements prescribed for the purposes of section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000 are that the person concerned must have had their knowledge of how to assess an individual’s capacity to be able to make decisions as to that individual’s medical treatment certified by—
(a)a body specified in schedule 2 of the Further and Higher Education (Scotland) Act 2005(3); F1...
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F1Words in reg. 2 omitted (1.4.2026) by virtue of The National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026 (S.S.I. 2026/20), art. 1(1), sch. para. 16 (with art. 6)
Commencement Information
MICHAEL MATHESON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th May 2012
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007 in respect of the requirements which must be satisfied by any of the persons mentioned in section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000 (a dental practitioner, an ophthalmic optician, a registered nurse or an individual who falls within such description of persons as may be prescribed by Scottish Ministers) in order for that person to be authorised to sign a certificate for the purposes of section 47(1). The requirements prescribed in relation to these persons are that they must have their knowledge of the assessment of capacity certified by a Scottish further or higher education institution or by NHS Education for Scotland.
(1)
2000 asp 4; section 47(1A) was inserted by section 35(2)(b) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13); section 87(1) provides that “prescribed” means prescribed by regulations.
(2)
(3)
2005 asp 6; schedule 2 has been amended by S.S.I. 2005/660, 2006/480, 2007/255 and 524, 2008/241 and 412 and 2011/227 and 229.
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Executive Note
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.