Adults with Incapacity (Scotland) Act 2000

Variation of guardianship order

Repayment of funds

Management plan

Management plan

General

Curators and tutors

Judicial Factors Act 1849 (c.51)

Judicial Factors Act 1849 (c.51)

Judicial Factors (Scotland) Act 1889 (c.39)

Judicial Factors (Scotland) Act 1889 (c.39)

Offices, Shops and Railway Premises Act 1963 (c.41)

Offices, Shops and Railway Premises Act 1963 (c.41)

Medicines Act 1968 (c.67)

Insolvency Act 1986 (c.45)

Medicines Act 1968 (c.67)

Sheriff Courts (Scotland) Act 1971 (c.58)

Continuation of existing powers, minor and consequential amendments and repeals

General

Improvement of Land Act 1864 (c.114)

Heritable Securities (Scotland) Act 1894 (c.44)

Sheriff Courts (Scotland) Act 1971 (c.58)

Clean Air Act 1993 (c.11)

Criminal Procedure (Scotland) Act 1995 (c.46)

Exceptions to authority to treat

Medical treatment where guardian etc. has been appointed

Authority for research

Intervention orders

Effect of appointment and transactions of guardian

Recall of powers of guardian

General

Repayment of funds

Citation and commencement

Improvement of Land Act 1864 (c.114)

General

Judicial Factors (Scotland) Act 1889 (c.39)

Heritable Securities (Scotland) Act 1894 (c.44)

Clean Air Act 1993 (c.11)

Criminal Procedure (Scotland) Act 1995 (c.46)

Improvement of Land Act 1864 (c.114)

Medicines Act 1968 (c.67)

Judicial Factors (Scotland) Act 1889 (c.39)

Clean Air Act 1993 (c.11)

Offices, Shops and Railway Premises Act 1963 (c.41)

Authority to intromit with funds

Adults in respect of whom applications may be made

Reserve withdrawers: authority to act

Exceptions to authority to treat

Medical treatment where guardian etc. has been appointed

Authority for research

Intervention orders

Effect of appointment and transactions of guardian

Recall of powers of guardian

Offices, Shops and Railway Premises Act 1963 (c.41)

General

Judicial Factors Act 1849 (c.51)

Heritable Securities (Scotland) Act 1894 (c.44)

Medicines Act 1968 (c.67)

Sheriff Courts (Scotland) Act 1971 (c.58)

Clean Air Act 1993 (c.11)

Criminal Procedure (Scotland) Act 1995 (c.46)

Intromissions with funds

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authority of persons responsible for medical treatment

Medical treatment where there is an application for intervention or guardianship order

Authority for research

Recall of powers of guardian

Continuation of existing powers, minor and consequential amendments and repeals

Effect of appointment and transactions of guardian

General

Recall of chief social work officer's guardianship powers

Clean Air Act 1993 (c.11)

Criminal Procedure (Scotland) Act 1995 (c.46)

Management plan

General

Curators and tutors

Recall of powers of guardian

Judicial Factors Act 1849 (c.51)

Improvement of Land Act 1864 (c.114)

Judicial Factors (Scotland) Act 1889 (c.39)

Heritable Securities (Scotland) Act 1894 (c.44)

Offices, Shops and Railway Premises Act 1963 (c.41)

Medicines Act 1968 (c.67)

Sheriff Courts (Scotland) Act 1971 (c.58)

Future appointment of curator bonis etc. incompetent

Continuation of existing powers, minor and consequential amendments and repeals

Appeal against decision as to medical treatment

Intervention orders

Improvement of Land Act 1864 (c.114)

Recall of chief social work officer's guardianship powers

Management plan

General

Curators and tutors

General

Judicial Factors Act 1849 (c.51)

Improvement of Land Act 1864 (c.114)

Judicial Factors (Scotland) Act 1889 (c.39)

Heritable Securities (Scotland) Act 1894 (c.44)

Offices, Shops and Railway Premises Act 1963 (c.41)

Medicines Act 1968 (c.67)

Sheriff Courts (Scotland) Act 1971 (c.58)

Clean Air Act 1993 (c.11)

Criminal Procedure (Scotland) Act 1995 (c.46)

Power of Court of Session or sheriff with regard to nearest relative

Creation of continuing power of attorney

Continuing and welfare power of attorney: accompanying certificate

Authority to intromit with funds

Application of Part 4

Authority of persons responsible for medical treatment

Medical treatment where guardian etc. has been appointed

Medical treatment where guardian etc. has been appointed

Authority for research

Appeal against decision as to medical treatment

Intervention orders

Records: guardians

Effect of appointment and transactions of guardian

Transitional Provisions

Judicial Factors Act 1849 (c.51)

Heritable Securities (Scotland) Act 1894 (c.44)

Offices, Shops and Railway Premises Act 1963 (c.41)

Medicines Act 1968 (c.67)

Sheriff Courts (Scotland) Act 1971 (c.58)

General principles and fundamental definitions

Power of Court of Session or sheriff with regard to nearest relative

Intimation not required in certain circumstances

Authority to intromit

Miscellaneous

32

Where an individual who along with one or more others is the holder of a joint account with a fundholder becomes incapable in relation to decisions about, or of safeguarding the individual's interests in, the funds in the account, any other joint account holder may continue to operate the account unless—

• (a) the terms of the account provide otherwise; or

• (b) the joint account holder is barred by an order of any court from so doing.

Interpretation

33

• (1) In section 24B, 27A and 31 any reference to—

• (a) a guardian includes a reference to a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;

• (b) a continuing attorney includes a reference to a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's property or financial affairs and having continuing effect notwithstanding the granter's incapacity.

• (c) a welfare attorney includes a reference to a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.

• (2) In this Part—

• “fundholder” means a bank, building society or other similar body which holds funds on behalf of another person;

• “withdrawal certificate” means a certificate issued under section 25, 26B, 26E, 26F or 31A.

Exceptions to authority to treat

Authority for research

Appeal against decision as to medical treatment

Registration of guardianship order relating to heritable property

Records: guardians

Effect of appointment and transactions of guardian

Recall of chief social work officer's guardianship powers

Management plan

General

Curators and tutors

Transitional Provisions

Judicial Factors Act 1849 (c.51)

19A

• (1) The Public Guardian may, for the purposes of section 19–

• (a) accept a copy of a document conferring a power of attorney sent electronically, instead of the original, to the Public Guardian’s email address, and

• (b) register the copy document accordingly.

• (2) The Public Guardian may refuse to accept a copy document unless it is–

• (a) sent by such person or type of person, and

• (b) received in such format,

as the Public Guardian may from time to time direct.

• This subsection does not limit the Public Guardian’s general discretion to accept a copy document in pursuance of subsection (1).

• (3) References in this Part to documents registered (or sent for registration) under section 19 include references to copy documents registered (or sent) in pursuance of subsection (1).

84A

• (1) The storage of gametes under paragraph 10 of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (storage of gametes without patient's consent where patient is incapable) is to be treated as an intervention in the affairs of an adult under this Act.

• (2) Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to a registered medical practitioner's decision under that paragraph as they apply to decisions taken for the purposes of this Act.

• (3) Section 52 of this Act applies to a practitioner's decision under that paragraph as it applies to decisions taken for the purposes of section 47 of this Act.

• (4) Part 5 of this Act (other than section 52) does not apply to the storage of gametes under that paragraph.

• (5) Section 83 of this Act applies to a practitioner's decision under that paragraph as if the practitioner were exercising powers under this Act.

• (6) Nothing in this section authorises any person, other than the person whose gametes are to be stored, to consent to the storage of the gametes.

84B

• (1) The use of an adult's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research—

• (a) without the adult's consent, and

• (b) where the adult is incapable,

is to be treated as an intervention in the affairs of an adult under this Act.

• (2) Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made under paragraphs 16 and 18 of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (when consent to the use of human cells is not required due to adult being incapable of consenting) as they apply to decisions taken for the purposes of this Act.

• (3) Section 51 of this Act does not apply to the use of an adult's human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research.

• (4) Section 83 of this Act applies to a decision made under paragraphs 16 and 18 of Schedule 3 to the Human Fertilisation and Embryology Act 1990 as if the person making the decision were exercising powers under this Act.

• (5) Expressions used in this section and in Schedule 3 to the Human Fertilisation and Embryology Act 1990 have the same meaning in this section as in that Schedule.