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Adults with Incapacity (Scotland) Act 2000
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[F124DAuthority to open account in adult's nameS
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a person believes that—
(i)an adult holds funds;
(ii)an adult is entitled to income or other payments or is likely to become so entitled; or
(iii)a fundholder holds funds on behalf of an adult; but
(b)the adult does not have a suitable account in the adult's sole name in which the funds, income or other payments can be placed for the purposes of intromitting with the adult's funds under this Part.
(2)Where this section applies, the person may apply to the Public Guardian for a certificate authorising the opening of an account in the adult's name for the purpose of intromitting with the adult's funds.
(3)Where the Public Guardian grants an application under subsection (2), the Public Guardian must issue the certificate to the applicant.
(4)The certificate issued under subsection (3) may specify the kind of account which may be opened by a fundholder.
(5)A fundholder presented with a certificate issued under subsection (3) may open an account in the adult's name.
(6)But, if the certificate specifies a kind of account, the fundholder may open only an account of the type specified.
(7)On an account being opened in pursuance of subsection (5), the applicant must notify prescribed particulars of the account to the Public Guardian.]
Textual Amendments
F1Pt. 3 substituted (1.4.2008) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 58, 79(3); S.S.I. 2008/49, art. 2(1) (with arts. 3 4)
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