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The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001
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Scottish Statutory Instruments
2001 No. 81 (C. 2)
ADULTS WITH INCAPACITY
The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001
Made
7th March 2001
The Scottish Ministers, in exercise of the powers conferred by section 89(2) of the Adults with Incapacity (Scotland) Act 2000(1), and all other powers enabling them in that behalf, hereby make the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001.
(2) In this Order, “the Act” means the Adults with Incapacity (Scotland) Act 2000.
Commencement
2. The provisions of the Act which are specified in column 1 of Schedule 1 to this Order and the subject matter of which is described in column 2 of that Schedule shall come into force on 2nd April 2001, and where a particular purpose is specified in relation to any provision in Column 3 of that Schedule, that provision shall come into force on that day for that purpose only.
3. The provisions of the Act which are specified in column 1 of Schedule 2 to this Order and the subject matter of which is described in column 2 of that Schedule shall so far as not then in force come into force on 1st April 2002, and where a particular purpose is specified in relation to any provision in Column 3 of that Schedule, that provision shall come into force on that day for that purpose only.
JAMES R WALLACE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
7th March 2001
Article 2
SCHEDULE 1PROVISIONS OF THE ACT BROUGHT INTO FORCE BY ARTICLE 2 OF THIS ORDER ON 2ND APRIL 2001
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject matter | Purposes |
| Section 1 | General principles and fundamental definitions | |
| Section 2 | Applications and other proceedings and appeals | |
| Section 3 | Powers of sheriff | |
| Section 4 | Power of Court of Session or sheriff with regard to nearest relative | |
| Section 5 | Safeguarding of interests in Court of Session appeals or proceedings | |
| Section 6(1), (2)(b)(i)to (iii), (2)(c)(i) and (ii), (2)(d) | The Public Guardian and his functions | |
| Section 6(2)(e) | ” ” | Only for the purpose of bringing into force this provision insofar as it relates to continuing attorneys or withdrawers |
| Section 6(2)(f), (3)(b) | ” ” | |
| Section 7 | The Public Guardian: further provision | |
| Section 8 | Expenses in court proceedings | |
| Section 9(1)(a) to (c), (d)(i), (e), (f) | Functions of the Mental Welfare Commission | |
| Section 9(1)(g) | ” ” | Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys |
| Section 9(2) | ” ” | Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys |
| Section 9(3)(b) | ” ” | |
| Sections 10(1)(b), (1)(c)(i), (1)(d) | Functions of local authorities | |
| Section 10(1)(e) | ” ” | Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys |
| Section 10(2), (3)(b)(ii), (4)(b) | Functions of local authorities | |
| Section 11 | Intimation not required in certain circumstances | |
| Section 12 | Investigations | Only for the purpose of bringing into force this provision insofar as it relates to investigations in relation to continuing attorneys, welfare attorneys and intromission with funds under Part 3 of the Act |
| Section 13 | Codes of practice | |
| Section 14 | Appeal against decision as to incapacity | |
| Section 15 | Creation of continuing power of attorney | |
| Section 16 | Creation and exercise of welfare power of attorney | |
| Section 17 | Attorney not obliged to act in certain circumstances | |
| Section 18 | Power of attorney not granted in accordance with this Act | |
| Section 19 | Registration of continuing or welfare power of attorney | |
| Section 20 | Powers of sheriff | |
| Section 21 | Records: attorneys | |
| Section 22 | Notification to Public Guardian | |
| Section 23 | Resignation of continuing or welfare attorney | |
| Section 24(1) and (4) | Termination of continuing or welfare power of attorney | |
| Section 25 | Authority to intromit with funds | |
| Section 26 | Application for authority to intromit | |
| Section 27 | Notification of change of address | |
| Section 28 | Purposes of intromission with funds | |
| Section 29 | Withdrawal and use of funds | |
| Section 30 | Records and inquiries | |
| Section 31 | Duration and termination of registration | |
| Section 32 | Joint accounts | |
| Section 33 | Transfer of funds | |
| Section 34 | Disapplication of Part 3 of the Act | |
| Section 81(1)(a) to (c) | Repayment of funds | |
| Section 81(2) | ” ” | Only for the purpose of bringing into force this provision insofar as it relates to section 82 of the Act |
| Section 82(1) | Limitation of liability | Only for the purpose of bringing into force this provision insofar as it relates to continuing attorneys, welfare attorneys and withdrawers |
| Section 82(2)(b) and (c) | ” ” | |
| Section 83 | Offence of ill treatment and wilful neglect. | |
| Section 85 | Jurisdiction and private international law | Only for the purpose of bringing into force the provisions of Schedule 3 to the Act specified below |
| Section 86 | Regulations | |
| Section 87 | Interpretation | |
| Section 88 | Continuation of existing powers, minor and consequential amendments and repeals | Only for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below |
| Schedule 3, paragraphs 1(1) and (5), 2(1), (3) and (4), 3, 4, 5, 6, 7(1), (2)(a), (3)(a) to (d), 8, 9, 10, 13 and 14 | Jurisdiction and private international law | |
| Schedule 4, paragraphs 4, 7(a) to (c), and 8 | Continuation of existing curators, tutors, guardians and attorneys under this Act | |
Schedule 5: Paragraph 2 | Minor and Consequential Amendments – Defence Act 1842 (c. 94) | |
| Paragraph 3 | Judicial Factors Act 1849 (c. 51) | |
| Paragraph 5 | Titles to Land (Consolidation) (Scotland) Act 1868 (c. 101) | |
| Paragraph 6 | Judicial Factors (Scotland) Act 1889 (c. 39) | |
| Paragraph 7 | Heritable Securities (Scotland) Act 1894 (c. 44) | Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers |
| Paragraph 9 | Offices Shops and Railway Premises Act 1963 (c. 41) | Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers |
| Paragraph 13 | Sheriff Courts (Scotland) Act 1971 (c. 58) | |
| Paragraph 14 | Land Registration (Scotland) Act 1979 (c. 33) | |
| Paragraph 17(3) to (21), (24)(b) | Mental Health (Scotland) Act 1984 (c. 36) | Only for the purpose of bringing into force these provisions insofar as they relate to welfare attorneys |
| Paragraph 19 | Legal Aid (Scotland) Act 1986 (c. 47) | |
| Paragraph 22 | Child Support Act 1991 (c. 48) | Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys |
| Paragraph 23 | Social Security Administration Act 1992 (c. 5) | Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys |
| Paragraph 25 | Clean Air Act 1993 (c. 11) | |
| Schedule 6 | Repeals | Only for the purpose of bringing into force the repeal of section 71 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) |
Article 3
SCHEDULE 2PROVISIONS OF THE ACT BROUGHT INTO FORCE BY ARTICLE 3 OF THIS ORDER ON 1ST APRIL 2002
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provision of the Act | Subject matter | Purposes |
| Section 6 | The Public Guardian and his functions | |
| Section 9 | Functions of the Mental Welfare Commission | |
| Section 10 | Functions of local authorities | |
| Section 12 | Investigations | |
| Section 24 | Termination of continuing or welfare power of attorney | |
| Section 53 | Intervention orders | |
| Section 54 | Records: intervention orders | |
| Section 55 | Notification of change of address | |
| Section 56 | Registration of intervention order relating to heritable property | |
| Section 57 | Application for guardianship order | |
| Section 58 | Disposal of application | |
| Section 59 | Who may be appointed as guardian | |
| Section 60 | Renewal of guardianship order by sheriff | |
| Section 61 | Registration of guardianship order relating to heritable property | |
| Section 62 | Joint guardians | |
| Section 63 | Substitute guardian | |
| Section 64 | Functions and duties of guardian | |
| Section 65 | Records: guardians | |
| Section 66 | Gifts | |
| Section 67 | Effect of appointment and transactions of guardian | |
| Section 68 | Reimbursement and remuneration of guardian | |
| Section 69 | Forfeiture of guardian’s remuneration | |
| Section 70 | Non-compliance with decisions of guardian with welfare powers | |
| Section 71 | Replacement or removal of guardian or recall of guardianship by sheriff | |
| Section 72 | Discharge of guardian with financial powers | |
| Section 73 | Recall of powers of guardian | |
| Section 74 | Variation of guardianship order | |
| Section 75 | Resignation of guardian | |
| Section 76 | Change of habitual residence | |
| Section 77 | Termination of authority to intervene and guardianship on death of adult | |
| Section 78 | Amendment of registration under section 61 on events affecting guardianship or death of an adult | |
| Section 79 | Protection of third parties: guardianship | |
| Section 80 | Future appointment of curator bonis etc. incompetent | |
| Section 81 | Repayment of funds | |
| Section 82 | Limitation of liability | |
| Section 84 | Application to guardians appointed under Criminal Procedure (Scotland) Act 1995 | |
| Section 88 | Continuation of existing powers, minor and consequential amendments and repeals | Only for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below |
| Schedule 2 | Management of estate of adult | |
| Schedule 4, paragraphs 1, 2, 3 and 6 | Continuation of existing curators, tutors, guardians and attorneys under this Act | |
| Schedule 5: | Minor and Consequential Amendments– | |
| Paragraph 1 | General | |
| Paragraph 7 | Heritable Securities (Scotland) Act 1894 (c. 44) | |
| Paragraph 8 | National Assistance Act 1984 (c. 29) | |
| Paragraph 9 | Offices, Shops and Railway Premises Act 1963 (c. 41) | |
| Paragraph 12 | Medicines Act 1968 (c. 67) | |
| Paragraph 15 | Solicitors (Scotland) Act 1980 (c. 46) | |
| Paragraph 16 | Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) | |
| Paragraph 17(1), (2), (3) to (21) and (24) | Mental Health (Scotland) Act 1984 (c. 36) | |
| Paragraph 18 | Insolvency Act 1986 (c. 45) | |
| Paragraph 20 | Financial Services Act 1986 (c. 60) | |
| Paragraph 21 | Access to Health Records Act 1990 (c. 23) | |
| Paragraph 22 | Child Support Act 1991 (c. 48) | |
| Paragraph 23 | Social Security Administration Act 1992 (c. 5) | |
| Paragraph 24 | Health Service Commissioners Act 1993 (c. 46) | |
| Paragraph 26 | Criminal Procedure (Scotland) Act 1995 (c. 46) | |
| Schedule 6 | Repeals | For all purposes, other than bringing into force the repeal of provisions in the Improvement of Land Act 1864 (27&28 Vict. c.114) and in section 5(2) of the Mental Health (Scotland) Act 1984 (c. 36) |
Explanatory Note
(This note is not part of the Order)
This Order appoints 2nd April 2001 as the date for the coming into force of the provisions of the Adults with Incapacity (Scotland) Act 2000 (“the Act”) which are specified in Schedule 1 to the Order, subject to any restriction of purpose in that Schedule (article 2). 1st April 2002 is appointed as the date for the coming into force of the provisions of the Act which are specified in Schedule 2 to the Order, subject to any restriction of purpose in that Schedule (article 3).
The provisions of the Act remaining to be commenced after this Order are Parts 4 and 5 (sections 35 to 52), Schedule 1 and certain provisions from Schedules 3 to 6.
(1)
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