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Statutory Instruments of the Scottish Parliament

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      SCOTTISH STATUTORY INSTRUMENTS

      2002 No. 208

      ADULTS WITH INCAPACITY

      The Adults with Incapacity (Medical Treatment Certificates) (Scotland) Regulations 2002

        Made 30th April 2002 
        Laid before the Scottish Parliament 3rd May 2002 
        Coming into force 1st July 2002 

      The Scottish Ministers, in exercise of the powers conferred by section 47(5) 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 (Medical Treatment Certificates) (Scotland) Regulations 2002 and come into force on 1st July 2002.

      Medical treatment certificates
                 2. The certificate of a medical practitioner primarily responsible for the medical treatment of an adult for the purposes of section 47 of the Adults with Incapacity (Scotland) Act 2000 (authority of persons responsible for medical treatment) shall be in the form set out in the Schedule to these Regulations.


      HUGH HENRY
      Authorised to sign by the Scottish Ministers

      St Andrew's House, Edinburgh
      30th April 2002



      SCHEDULE
      Regulation 2


      Certificate of Incapacity under section 47 of the Adults with Incapacity (Scotland) Act 2000


      being the medical practitioner primarily responsible for the medical treatment of

      have today examined the patient named above. I am of the opinion that he/she is incapable in terms of the Adults with Incapacity (Scotland) Act 2000 ("the Act") because of

      (a date not more than one year later than the date of the examination on which this certificate is based) or until such earlier date as this certificate is revoked.

      In assessing the capacity of the patient I have observed the principles set out in section 1 of the Act.

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations prescribe, for the purposes of section 47 of the Adults with Incapacity (Scotland) Act 2000, the form of certificate of a medical practitioner primarily responsible for the medical treatment of an adult that that practitioner is of the opinion that the adult is incapable in relation to a decision about medical treatment. Medical treatment is defined in section 47(4) of the Act.

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


      ISBN 0 11061411 9


 



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Prepared 15 May 2002
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