- Latest available (Revised)
- Original (As made)
The Coronavirus (Scotland) Act 2020 (Suspension: Adults with Incapacity) Regulations 2020
You are here:
- Scottish Statutory Instruments
- 2020 No. 267
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made).
Scottish Statutory Instruments
2020 No. 267
Adults With Incapacity
Public Health
The Coronavirus (Scotland) Act 2020 (Suspension: Adults with Incapacity) Regulations 2020
Made
31st August 2020
Laid before the Scottish Parliament
1st September 2020
Coming into force
30th September 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 11(1)(a) of the Coronavirus (Scotland) Act 2020(1), and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Coronavirus (Scotland) Act 2020 (Suspension: Adults with Incapacity) Regulations 2020 and come into force on 30 September 2020.
Suspension of provisions of the Coronavirus (Scotland) Act 2020
2. The operation of paragraph 11(2) and (3) (care of adults with incapacity) of schedule 3 of the Coronavirus (Scotland) Act 2020 is suspended.
JEANE FREEMAN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
31st August 2020
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations suspend the operation of paragraph 11(2) and (3) of schedule 3 of the Coronavirus (Scotland) Act 2020. Those provisions concern the care of incapacitated adults.
Paragraph 11(2) of schedule 3 modified section 58A of the Criminal Procedure (Scotland) Act 1995. Paragraph 11(2) had the effect of ‘stopping the clock’ on the duration of guardianship orders with a specified lifespan. On suspension of paragraph 11(2), the period for which the guardianship order was in force will be resumed.
Paragraph 11(3)(a) deals with section 47 certificates which authorise certain medical and other treatment for incapacitated adults for a limited period of time under the Adults with Incapacity (Scotland) 2000 Act (“the 2000 Act”). Subparagraph (3)(a) had the effect of ‘stopping the clock running’ on the period of time the authority is granted for in the certificate. On suspension of paragraph 11(3)(a), the period of authority granted under the section 47 certificate will be resumed.
Paragraph 11(3)(b) modified section 58 of the 2000 Act. Section 58 concerns the disposal of an application for guardianship. If the guardianship order is for a limited time then paragraph 11(3)(b) will have had the effect of ‘stopping the clock running’ on the period of time the guardian has been appointed for. On suspension of paragraph 11(3)(b), the period the guardian was appointed for will be resumed.
Paragraph 11(3)(c) modifies section 60 of the 2000 Act. Section 60 pertains to the renewal of guardianship orders by a sheriff. Subparagraph (3)(c) had the effect of ‘stopping the clock running’ on the period of renewal of the guardian’s appointment whilst the sub-paragraph was in force. On suspension of paragraph 11(3)(c), the renewal period the sheriff granted in the order will be resumed.
(1)
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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
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.