BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments of the Scottish Parliament

You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 2001 No. 78
URL: http://www.bailii.org/scot/legis/num_reg/2001/20010078.html
[New search] [Help]
 
      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 78

      ADULTS WITH INCAPACITY

      The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001

        Made 7th March 2001 
        Laid before the Scottish Parliament 8th March 2001 
        Coming into force 2nd April 2001 

      The Scottish Ministers, in exercise of the powers conferred by section 26(1)(c) of the Adults with Incapacity (Scotland) Act 2000[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

      Citation and commencement
           1. These Regulations may be cited as the Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

      Interpretation
                 2. In these Regulations-

        "the Act" means the Adults with Incapacity (Scotland) Act 2000;

        "advocate" means a practising member of the Faculty of Advocates;

        "councillor" means a member of a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994[2];

        "executry practitioner" has the same meaning as in section 23 of the Law Reform Miscellaneous Provisions (Scotland) Act 1990[3];

        "mental health officer" has the same meaning as in section 125 of the Mental Health (Scotland) Act 1984[4];

        "qualified conveyancer" has the same meaning as in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

        "registered European lawyer" has the same meaning as in regulation 2 of the European Communities (Lawyer's Practice) (Scotland) Regulations 2000[5];

        "solicitor" has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 1980[6];

        "registered teacher" has the same meaning as in section 135 of the Education (Scotland) Act 1980[7].

      Classes of persons who may countersign an application under section 26 of the Act
           3. An application made under section 26 of the Act shall be countersigned by a person who is a member of a class of persons referred to in the Schedule to these Regulations.


      JAMES R WALLACE
      A member of the Scottish Executive

      St. Andrew's House, Edinburgh
      7th March 2001



      SCHEDULE
      Regulation 3


      CLASSES OF PERSONS WHO MAY COUNTERSIGN AN APPLICATION UNDER SECTION 26 OF THE ACT


      Advocates

      Constables of a police force

      Established civil servants

      Executry practitioners

      Justices of the peace

      Councillors

      Members of Parliament

      Members of the European Parliament

      Members of the Scottish Parliament

      Mental health officers

      Ministers of religion

      Qualified conveyancers

      Registered European lawyers

      Registered medical practitioners

      Registered nurses

      Solicitors

      Registered Teachers

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations prescribe the classes of persons who may countersign an application made under section 26 of the Adults with Incapacity (Scotland) Act 2000.

      Regulation 3 provides that a person who is a member of one of the classes of persons set out in the Schedule to these Regulations may countersign an application made under that section.

       [1] 2000 asp 4. See section 87(1) for the definition of "prescribe"and section 86(1) as to power to make regulations.back

      [2] 1994 c.39; section 2 was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232(1).back

      [3] 1990 c.40.back

      [4] 1984 c.36.back

      [5] S.S.I. 2000/121.back

      [6] 1980 c.46; section 65 was amended and repealed in part by the Law Reform (Miscellaneous Provisions) Scotland Act 1990 (c.40), Schedule 8, paragraph 29(15) and Schedule 9.back

      [7] 1980 c.44back


      ISBN 0-11-059627-7


 



© Crown copyright 2001
Prepared 3 April 2001
About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010