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)