F1Part 3Accounts and funds
Authority to take preliminary steps
24DAuthority to open account in adult's name
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.
Pt. 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. 34)