Adults with Incapacity (Scotland) Act 2000
Act of Parliament
Scottish Parliament
Long titleAn Act of the Scottish Parliament to make provision as to the property, financial affairs and personal welfare of adults who are incapable by reason of mental disorder or inability to communicate; and for connected purposes.
Citation2000 asp 4
Introduced byJim Wallace[1]
Territorial extent  Scotland
Dates
Royal assent9 May 2000[2]
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Adults with Incapacity (Scotland) Act 2000 (2000 asp 4) is an Act of the Scottish Parliament. It was passed on 29 March 2000, receiving royal assent on 9 May.[3] It concerns the welfare of adults (the age of legal capacity in Scotland being 16) who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate. It provides the framework for other people (such as carers) to act on the behalf of people with incapacity.

The Act was one of the first pieces of legislation passed by the Scottish Parliament upon it being reconvened in 1999.

Content

Part 2 of the act concerns power of attorney and provides the framework for an individual (whilst they have capacity) to appoint someone to act as their continuing (financial) or welfare attorney.[4]

Part 3 of the act concerns the accounts and funds of the adult with incapacity. It enables access to the bank or building society account of the adult with incapacity, in order to pay their costs of living.[5]

Part 4 of the act concerns the management of finances of adults with incapacity who are residents of registered establishments including health service or private hospitals, psychiatric hospitals, state hospitals and care home services.[6]

Part 5 of the act concerns medical research and treatment of adults with incapacity.[7] It allows, under certain circumstances, medical research to be carried out on adults unable to give consent.[8]

Part 6 of the act concerns intervention orders and guardianship orders. An intervention order can be applied for by, or on behalf of, an adult with incapacity and granted by the sheriff court. It may cover welfare or financial matters. An application for a guardianship order may be made by individuals or by a local authority regarding an adult with incapacity who may have long-term needs.[9][10]

Part 7 of the act ("Miscellaneous") makes it an offence for an individual to wilfully neglect an adult with incapacity.[11]

See also

References

Footnotes
  1. ↑ "Adults with Incapacity (Scotland) Bill [AS INTRODUCED]" (PDF). parliament.scot. The Scottish Parliament. Retrieved 17 October 2016.
  2. ↑ "Session 1 Bills". parliament.scot. The Scottish Parliament. Retrieved 17 October 2016.
  3. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) Introductory Text", UK Statute Law Database, retrieved 29 December 2010
  4. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Continuing Powers of Attorney and Welfare Powers of Attorney", UK Statute Law Database, retrieved 29 December 2010
  5. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Accounts and Funds", UK Statute Law Database, retrieved 29 December 2010
  6. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Management of Residents' Finances", UK Statute Law Database, retrieved 29 December 2010
  7. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Medical Treatment and Research", UK Statute Law Database, retrieved 29 December 2010
  8. ↑ A Short Guide to the Act, p. 4
  9. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Intervention Orders and Guardianship Orders", UK Statute Law Database, retrieved 29 December 2010
  10. ↑ A Short Guide to the Act, pp. 2–3
  11. ↑ "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Miscellaneous", UK Statute Law Database, retrieved 29 December 2010
Sources

Adults with Incapacity (Scotland) Act 2000: A Short Guide to the Act (PDF), The Scottish Government, 1 April 2008, retrieved 29 December 2010

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