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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



      SCHEDULE 1
      Article 2


      PROVISIONS 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)



      SCHEDULE 2
      Article 3


      PROVISIONS 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] 2000 asp 4back


      ISBN 0-11-059624-2


 



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Prepared 3 April 2001
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