http://www.legislation.gov.uk/asp/2000/4/contentsAn 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.2000-05-09texttext/xmlenStatute Law DatabaseAdults with Incapacity (Scotland) Act 20002017-05-08Expert Participation2016-11-30 Adults with Incapacity (Scotland) Act 2000PART 1 GENERAL General1 General principles and fundamental definitions Judicial proceedings2 Applications and other proceedings and appeals3 Powers of sheriff4 Power of Court of Session or sheriff with regard to nearest relative5 Safeguarding of interests in Court of Session appeals or proceedings The Public Guardian6 The Public Guardian and his functions7 The Public Guardian: further provision Expenses in court proceedings8 Expenses in court proceedings The Mental Welfare Commission9 Functions of the Mental Welfare Commission Local authorities10 Functions of local authorities Intimation11 Intimation not required in certain circumstances Investigations12 Investigations Codes of practice13 Codes of practice Appeal against decision as to incapacity14 Appeal against decision as to incapacityPART 2 CONTINUING POWERS OF ATTORNEY AND WELFARE POWERS OF ATTORNEY15 Creation of continuing power of attorney16 Creation and exercise of welfare power of attorney16AContinuing and welfare power of attorney: accompanying certificate17 Attorney not obliged to act in certain circumstances18 Power of attorney not granted in accordance with this Act19 Registration of continuing or welfare power of attorney19AElectronic copies20 Powers of sheriff21 Records: attorneys22 Notification to Public Guardian22ARevocation of continuing or welfare power of attorney23 Resignation of continuing or welfare attorney24 Termination of continuing or welfare power of attorneyPart 3Accounts and fundsPurposes and application of Part24AIntromissions with funds24BAdults in respect of whom applications may be madeAuthority to take preliminary steps24CAuthority to provide information about funds24DAuthority to open account in adult's nameAuthority to intromit25Authority to intromit26Authority to intromit: applicationWithdrawal certificates26AWithdrawal certificatesJoint and reserve withdrawers26BAddition of joint withdrawer26CJoint withdrawers: supplementary26DReserve withdrawers: applications26EReserve withdrawers: authority to actVariation of withdrawer's authority26FVariation of withdrawal certificateAuthority to transfer funds26GAuthority to transfer specified sumsApplications: general27Applications: general requirements27ACountersigning of applications27BMedical certificates27CIntimation of applications27DDetermination of applications: applicant to be fit and proper27EDetermination of applications: opportunity to make representations27FReferral of application to sheriff27GMultiple applications etc.Fundholders28Fundholders of adult's current account and adult's second account28AFundholder of original account29Fundholder's liabilityWithdrawers30ANotification of change of address30BRecords and inquiriesDuration etc. of authority31Duration of withdrawal certificate31ASuspension and termination of authority31BRenewal of authority to intromit31CDuration of certificates issued under section 24C, 24D, and 26G etc.Appeals31DAppealsTransition from guardianship31ETransition from guardianshipMiscellaneous32Joint accountsInterpretation33Interpretation of PartPART 4 MANAGEMENT OF RESIDENTS’ FINANCES35 Application of Part 436 MANAGEMENT OF RESIDENTS’ FINANCES37 Residents whose affairs may be managed38 MANAGEMENT OF RESIDENTS’ FINANCES39 Matters which may be managed40 Supervisory bodies41 Duties and functions of managers of authorised establishment42 Authorisation of named manager to withdraw from resident’s account43 Statement of resident’s affairs44 Resident ceasing to be resident of authorised establishment45 Appeal, revocation etc.46 Disapplication of Part 4PART 5 MEDICAL TREATMENT AND RESEARCH47 Authority of persons responsible for medical treatment48 Exceptions to authority to treat49 Medical treatment where there is an application for intervention or guardianship order50 Medical treatment where guardian etc. has been appointed51 Authority for research52 Appeal against decision as to medical treatmentPART 6 INTERVENTION ORDERS AND GUARDIANSHIP ORDERS Intervention orders53 Intervention orders54 Records: intervention orders55 Notification of change of address56 Registration of intervention order relating to heritable property56ADeath of person authorised to intervene Guardianship orders57 Application for guardianship order58 Disposal of application59 Who may be appointed as guardian60 Renewal of guardianship order by sheriff61 Registration of guardianship order relating to heritable property Joint and substitute guardians62 Joint guardians63 Substitute guardian Functions etc. of guardian64 Functions and duties of guardian65 Records: guardians66 Gifts67 Effect of appointment and transactions of guardian68 Reimbursement and remuneration of guardian69 Forfeiture of guardian’s remuneration70 Non-compliance with decisions of guardian with welfare powers Termination and variation of guardianship and replacement, removal or resignation of guardian71 Replacement or removal of guardian or recall of guardianship by sheriff72 Discharge of guardian with financial powers73 Recall of powers of guardian73ARecall of chief social work officer's guardianship powers74 Variation of guardianship order75 Resignation of guardian75ADeath of guardian76 Change of habitual residence Termination of authority to intervene and guardianship on death of adult77 Termination of authority to intervene and guardianship on death of adult78 Amendment of registration under section 61 on events affecting guardianship or death of adult79 Protection of third parties: guardianshipGuardianship orders: children79AGuardianship orders: childrenPART 7 MISCELLANEOUS80 Future appointment of curator bonis etc. incompetent81 Repayment of funds81APublic Guardian's power to obtain records82 Limitation of liability83 Offence of ill-treatment and wilful neglect84 Application to guardians appointed under Criminal Procedure (Scotland) Act 199584AApplication to storage of gametes without adult's consent where adult is incapable84BApplication to use of human cells to create an embryo in vitro without adult's consent85 Jurisdiction and private international law86 Regulations87 Interpretation88 Continuation of existing powers, minor and consequential amendments and repeals89 Citation and commencementSCHEDULE 1 MANAGERS OF AN ESTABLISHMENT1For 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 ADULT1Management plan2Directions from sheriff3Inventory of estate4Money5Powers relating to investment and carrying on of business by guardian6Purchase or disposal of accommodation7Accounting and auditing8Approval of accountsSCHEDULE 3 JURISDICTION AND PRIVATE INTERNATIONAL LAW1General2Appropriate sheriff3Applicable law4(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 enforcement8(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 Convention12General13Orders 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 ACT1Curators and tutors2Guardians3Proceedings relating to existing appointments4Attorneys5Managers6Application of Act to persons who become guardians by virtue of this schedule7Transitional Provisions8InterpretationSCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS1General2Defence 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 REPEALS2000 asp 4An 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.The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th March 2000 and received Royal Assent on 9th May 2000Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2Act 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)