Adults with Incapacity (Scotland) Act 2000
Adults with Incapacity (Scotland) Act 2000 (2000 asp 4)
- Adults with Incapacity (Scotland) Act 2000 (2000 asp 4)
- PART 1 GENERAL
- General
- 1 General principles and fundamental definitions
- Judicial proceedings
- 2 Applications and other proceedings and appeals
- 3 Powers of sheriff
- 4 Power of Court of Session or sheriff with regard to nearest relative
- 5 Safeguarding of interests in Court of Session appeals or proceedings
- The Public Guardian
- 6 The Public Guardian and his functions
- 7 The Public Guardian: further provision
- Expenses in court proceedings
- 8 Expenses in court proceedings
- The Mental Welfare Commission
- 9 Functions of the Mental Welfare Commission
- Local authorities
- 10 Functions of local authorities
- Intimation
- 11 Intimation not required in certain circumstances
- Investigations
- 12 Investigations
- Codes of practice
- 13 Codes of practice
- Appeal against decision as to incapacity
- 14 Appeal against decision as to incapacity
- PART 2 CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY
- 15 Creation of continuing power of attorney
- 16 Creation and exercise of welfare power of attorney
- 16A Continuing and welfare power of attorney: accompanying certificate
- 17 Attorney not obliged to act in certain circumstances
- 18 Power of attorney not granted in accordance with this Act
- 19 Registration of continuing or welfare power of attorney
- 19A Electronic copies
- 20 Powers of sheriff
- 21 Records: attorneys
- 22 Notification to Public Guardian
- 22A Revocation of continuing or welfare power of attorney
- 23 Resignation of continuing or welfare attorney
- 24 Termination of continuing or welfare power of attorney
- Part 3 Accounts and funds
- Purposes and application of Part
- 24A Intromissions with funds
- 24B Adults in respect of whom applications may be made
- Authority to take preliminary steps
- 24C Authority to provide information about funds
- 24D Authority to open account in adult's name
- Authority to intromit
- 25 Authority to intromit
- 26 Authority to intromit: application
- Withdrawal certificates
- 26A Withdrawal certificates
- Joint and reserve withdrawers
- 26B Addition of joint withdrawer
- 26C Joint withdrawers: supplementary
- 26D Reserve withdrawers: applications
- 26E Reserve withdrawers: authority to act
- Variation of withdrawer's authority
- 26F Variation of withdrawal certificate
- Authority to transfer funds
- 26G Authority to transfer specified sums
- Applications: general
- 27 Applications: general requirements
- 27A Countersigning of applications
- 27B Medical certificates
- 27C Intimation of applications
- 27D Determination of applications: applicant to be fit and proper
- 27E Determination of applications: opportunity to make representations
- 27F Referral of application to sheriff
- 27G Multiple applications etc.
- Fundholders
- 28 Fundholders of adult's current account and adult's second account
- 28A Fundholder of original account
- 29 Fundholder's liability
- Withdrawers
- 30A Notification of change of address
- 30B Records and inquiries
- Duration etc. of authority
- 31 Duration of withdrawal certificate
- 31A Suspension and termination of authority
- 31B Renewal of authority to intromit
- 31C Duration of certificates issued under section 24C, 24D, and 26G etc.
- Appeals
- 31D Appeals
- Transition from guardianship
- 31E Transition from guardianship
- Miscellaneous
- 32 Joint accounts
- Interpretation
- 33 Interpretation of Part
- PART 4 MANAGEMENT OF RESIDENTS’ FINANCES
- 35 Application of Part 4
- 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 37 Residents whose affairs may be managed
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 Matters which may be managed
- 40 Supervisory bodies
- 41 Duties and functions of managers of authorised establishment
- 42 Authorisation of named manager to withdraw from resident’s account
- 43 Statement of resident’s affairs
- 44 Resident ceasing to be resident of authorised establishment
- 45 Appeal, revocation etc.
- 46 Disapplication of Part 4
- PART 5 MEDICAL TREATMENT AND RESEARCH
- 47 Authority of persons responsible for medical treatment
- 48 Exceptions to authority to treat
- 49 Medical treatment where there is an application for intervention or guardianship order
- 50 Medical treatment where guardian etc. has been appointed
- 51 Authority for research
- 52 Appeal against decision as to medical treatment
- PART 6 INTERVENTION ORDERS AND GUARDIANSHIP ORDERS
- Intervention orders
- 53 Intervention orders
- 54 Records: intervention orders
- 55 Notification of change of address
- 56 Registration of intervention order relating to heritable property
- 56A Death of person authorised to intervene
- Guardianship orders
- 57 Application for guardianship order
- 58 Disposal of application
- 59 Who may be appointed as guardian
- 60 Renewal of guardianship order by sheriff
- 61 Registration of guardianship order relating to heritable property
- Joint and substitute guardians
- 62 Joint guardians
- 63 Substitute guardian
- Functions etc. of guardian
- 64 Functions and duties of guardian
- 65 Records: guardians
- 66 Gifts
- 67 Effect of appointment and transactions of guardian
- 68 Reimbursement and remuneration of guardian
- 69 Forfeiture of guardian’s remuneration
- 70 Non-compliance with decisions of guardian with welfare powers
- Termination and variation of guardianship and replacement, removal or resignation of guardian
- 71 Replacement or removal of guardian or recall of guardianship by sheriff
- 72 Discharge of guardian with financial powers
- 73 Recall of powers of guardian
- 73A Recall of chief social work officer's guardianship powers
- 74 Variation of guardianship order
- 75 Resignation of guardian
- 75A Death of guardian
- 76 Change of habitual residence
- Termination of authority to intervene and guardianship on death of adult
- 77 Termination of authority to intervene and guardianship on death of adult
- 78 Amendment of registration under section 61 on events affecting guardianship or death of adult
- 79 Protection of third parties: guardianship
- Guardianship orders: children
- 79A Guardianship orders: children
- PART 7 MISCELLANEOUS
- 80 Future appointment of curator bonis etc. incompetent
- 81 Repayment of funds
- 81A Public Guardian's power to obtain records
- 82 Limitation of liability
- 83 Offence of ill-treatment and wilful neglect
- 84 Application to guardians appointed under Criminal Procedure (Scotland) Act 1995
- 84A Application to storage of gametes without adult's consent where adult is incapable
- 84B Application to use of human cells to create an embryo in vitro without adult's consent
- 85 Jurisdiction and private international law
- 86 Regulations
- 87 Interpretation
- 88 Continuation of existing powers, minor and consequential amendments and repeals
- 89 Citation and commencement
- SCHEDULE 1 MANAGERS OF AN ESTABLISHMENT
- SCHEDULE 2 MANAGEMENT OF ESTATE OF ADULT
- Management plan
- Directions from sheriff
- Inventory of estate
- Money
- Powers relating to investment and carrying on of business by guardian
- Purchase or disposal of accommodation
- Accounting and auditing
- Approval of accounts
- SCHEDULE 3 JURISDICTION AND PRIVATE INTERNATIONAL LAW
- General
- Appropriate sheriff
- Applicable law
- Recognition and enforcement
- Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention
- General
- SCHEDULE 4 CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT
- Curators and tutors
- Guardians
- Proceedings relating to existing appointments
- Attorneys
- Managers
- Application of Act to persons who become guardians by virtue of this schedule
- Transitional Provisions
- Interpretation
- SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS
- General
- Defence Act 1842 (c.94)
- Judicial Factors Act 1849 (c.51)
- Improvement of Land Act 1864 (c.114)
- Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)
- Judicial Factors (Scotland) Act 1889 (c.39)
- Heritable Securities (Scotland) Act 1894 (c.44)
- National Assistance Act 1948 (c.29)
- Offices, Shops and Railway Premises Act 1963 (c.41)
- Medicines Act 1968 (c.67)
- Sheriff Courts (Scotland) Act 1971 (c.58)
- Land Registration (Scotland) Act 1979 (c.33)
- Solicitors (Scotland) Act 1980 (c.46)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
- Mental Health (Scotland) Act 1984 (c.36)
- Insolvency Act 1986 (c.45)
- Legal Aid (Scotland) Act 1986 (c.47)
- Financial Services Act 1986 (c.60)
- Access to Health Records Act 1990 (c.23)
- Child Support Act 1991 (c.48)
- Social Security Administration Act 1992 (c.5)
- Health Service Commissioners Act 1993 (c.46)
- Clean Air Act 1993 (c.11)
- Criminal Procedure (Scotland) Act 1995 (c.46)
- SCHEDULE 6 REPEALS
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