Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adults with Incapacity) 2001
Made
30th March 2001
Coming into force
2nd April 2001
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1] and section 2(4) of the Adults with Incapacity (Scotland) Act 2000[2] and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:
"the 2000 Act" means the Adults with Incapacity (Scotland) Act 2000;
"adult" means a person who has attained the age of 16 years and who is the subject of an application under the 2000 Act;
"authorised establishment" has the meaning ascribed to it in section 35(2) of the 2000 Act;
"continuing attorney" means a person on whom there has been conferred a power of attorney granted under section 15(1) of the 2000 Act;
"incapable" has the meaning ascribed to it at section 1(6) of the 2000 Act, and "incapacity" shall be construed accordingly;
"managers" has the meaning ascribed to it in paragraph 1 of Schedule 1 to the 2000 Act;
"nearest relative" means, subject to section 87(2) of the 2000 Act, the person who would be, or would be exercising the functions of, the adult's nearest relative under sections 53 to 57 of the 1984 Act if the adult were a patient within the meaning of that Act and notwithstanding that the person neither is or was caring for the adult for the purposes of section 53(3) of that Act;
"power of attorney" includes a factory and commission;
"primary carer" means the person or organisation primarily engaged in caring for an adult;
"Public Guardian" shall be construed in accordance with section 6 of the 2000 Act; and
"welfare attorney" means a person on whom there has been conferred a power of attorney granted under section 16(1) of the 2000 Act.