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Scottish Statutory Instruments

2002 No. 189 (C. 14)

ADULTS WITH INCAPACITY

The Adults with Incapacity (Scotland) Act 2000 (Commencement No. 2) Order 2002

Made

15th April 2002

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

1.  This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 2) Order 2002.

Commencement

2.  Sections 47 (authority of persons responsible for medical treatment), 48 (exceptions to authority to treat), 49 (medical treatment where there is an application for intervention or guardianship order), 50 (medical treatment where guardian etc. has been appointed), 51 (authority for research) and 52 (appeal against decision as to medical treatment) of the Adults with Incapacity (Scotland) Act 2000 shall come into force on 1st July 2002.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th April 2002

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st July 2002 as the date for the coming into force of sections 47 to 52 of the Adults with Incapacity (Scotland) Act 2000.

The provisions of the Act remaining to be commenced after this Order are Part 4, Schedule 1 and certain provisions from Schedules 3 to 6.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been, or will be, brought into force by the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001 (S.S.I. 2001/81), as amended by the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) (Amendment) Order 2002 (S.S.I. 2002/172).

PART 1

ProvisionDate of commencement
Sections 6, 9, 10, 12, 24, 81, 82, 85, 88 and Schedules 3, 4, 5 and 6 (all partially only); and sections 1 to 5, 7, 8, 11, 13 to 23, 25 to 34, 83, 86 and 872.4.2001
Sections 6, 9, 10, 12 and 24 (for the purposes for which they are not already in force), sections 53 to 80, 81 (partially), 82 (partially), 84, 88 (partially), Schedule 2 and Schedules 4, 5 and 6 (all partially only)1.4.2002