Adults with Incapacity (Scotland) Act 2000
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
16AContinuing 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
19AElectronic copies
20 Powers of sheriff
21 Records: attorneys
22 Notification to Public Guardian
22ARevocation of continuing or welfare power of attorney
23 Resignation of continuing or welfare attorney
24 Termination of continuing or welfare power of attorney
Part 3Accounts and funds
Purposes and application of Part
24AIntromissions with funds
24BAdults in respect of whom applications may be made
Authority to take preliminary steps
24CAuthority to provide information about funds
24DAuthority to open account in adult's name
Authority to intromit
25Authority to intromit
26Authority to intromit: application
Withdrawal certificates
26AWithdrawal certificates
Joint and reserve withdrawers
26BAddition of joint withdrawer
26CJoint withdrawers: supplementary
26DReserve withdrawers: applications
26EReserve withdrawers: authority to act
Variation of withdrawer's authority
26FVariation of withdrawal certificate
Authority to transfer funds
26GAuthority to transfer specified sums
Applications: general
27Applications: general requirements
27ACountersigning of applications
27BMedical certificates
27CIntimation of applications
27DDetermination of applications: applicant to be fit and proper
27EDetermination of applications: opportunity to make representations
27FReferral of application to sheriff
27GMultiple applications etc.
Fundholders
28Fundholders of adult's current account and adult's second account
28AFundholder of original account
29Fundholder's liability
Withdrawers
30ANotification of change of address
30BRecords and inquiries
Duration etc. of authority
31Duration of withdrawal certificate
31ASuspension and termination of authority
31BRenewal of authority to intromit
31CDuration of certificates issued under section 24C, 24D, and 26G etc.
Appeals
31DAppeals
Transition from guardianship
31ETransition from guardianship
Miscellaneous
32Joint accounts
Interpretation
33Interpretation of Part
PART 4 MANAGEMENT OF RESIDENTS’ FINANCES
35 Application of Part 4
36 MANAGEMENT OF RESIDENTS’ FINANCES
37 Residents whose affairs may be managed
38 MANAGEMENT OF RESIDENTS’ FINANCES
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
56ADeath 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
73ARecall of chief social work officer's guardianship powers
74 Variation of guardianship order
75 Resignation of guardian
75ADeath 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
79AGuardianship orders: children
PART 7 MISCELLANEOUS
80 Future appointment of curator bonis etc. incompetent
81 Repayment of funds
81APublic 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
84AApplication to storage of gametes without adult's consent where adult is incapable
84BApplication 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
1For the purposes of Part 4 “the managers” of an...
2The Scottish Ministers may by regulations amend the list of...
SCHEDULE 2 MANAGEMENT OF ESTATE OF ADULT
1Management plan
2Directions from sheriff
3Inventory of estate
4Money
5Powers relating to investment and carrying on of business by guardian
6Purchase or disposal of accommodation
7Accounting and auditing
8Approval of accounts
SCHEDULE 3 JURISDICTION AND PRIVATE INTERNATIONAL LAW
1General
2Appropriate sheriff
3Applicable law
4(1) The law governing the existence, extent, modification and extinction...
5Nothing in this schedule displaces any enactment or rule of...
6Nothing in this schedule requires or enables the application in...
7Recognition and enforcement
8(1) A measure which is enforceable in the country of...
9(1) For the purposes of recognition or enforcement of a...
10(1) The Scottish Ministers may, by order, provide for the...
11Co-operation, avoidance of conflict of jurisdiction and compliance with the Convention
12General
13Orders or regulations under this schedule shall be made by...
14In this schedule— “the Convention” means the Hague Convention of...
SCHEDULE 4 CONTINUATION OF EXISTING CURATORS, TUTORS, GUARDIANS AND ATTORNEYS UNDER THIS ACT
1Curators and tutors
2Guardians
3Proceedings relating to existing appointments
4Attorneys
5Managers
6Application of Act to persons who become guardians by virtue of this schedule
7Transitional Provisions
8Interpretation
SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS
1General
2Defence Act 1842 (c.94)
3Judicial Factors Act 1849 (c.51)
4Improvement of Land Act 1864 (c.114)
5Titles to Land (Consolidation) (Scotland) Act 1868 (c.101)
6Judicial Factors (Scotland) Act 1889 (c.39)
7Heritable Securities (Scotland) Act 1894 (c.44)
8National Assistance Act 1948 (c.29)
9Offices, Shops and Railway Premises Act 1963 (c.41)
10Social Work (Scotland) Act 1968 (c.49)
11In section 68(1) of that Act after “persons" where second...
12Medicines Act 1968 (c.67)
13Sheriff Courts (Scotland) Act 1971 (c.58)
14Land Registration (Scotland) Act 1979 (c.33)
15Solicitors (Scotland) Act 1980 (c.46)
16Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
17Mental Health (Scotland) Act 1984 (c.36)
18Insolvency Act 1986 (c.45)
19Legal Aid (Scotland) Act 1986 (c.47)
20Financial Services Act 1986 (c.60)
21Access to Health Records Act 1990 (c.23)
22Child Support Act 1991 (c.48)
23Social Security Administration Act 1992 (c.5)
24Health Service Commissioners Act 1993 (c.46)
25Clean Air Act 1993 (c.11)
26Criminal Procedure (Scotland) Act 1995 (c.46)
SCHEDULE 6 REPEALS

Adults with Incapacity (Scotland) Act 2000

2000 asp 4

An Act of the Scottish Parliament to make provision as to the property, financial affairs and personal welfare of adults who are incapable by reason of mental disorder or inability to communicate; and for connected purposes.

Annotations:
Modifications etc. (not altering text)
C2

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)