SCOTTISH STATUTORY INSTRUMENTS
2008 No.
ADULTS WITH INCAPACITY
The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(1)(c), 15(3)(c), 16(3)(c) and 22A(2)(b) of the Adults with Incapacity (Scotland) Act 2000( a) and of all other powers enabling them to do so.
Citation, commencement and interpretation
1. -(1) These Regulations may be cited as the Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2008 and shall come into force on [ ] 2008.
(2) In these Regulations, "the Act" means the Adults with Incapacity (Scotland) Act 2000.
Certificates for use in connection with continuing and welfare powers of attorney and revocation notices
2. For the purposes of sections 15(3)(c) and 16(3)(c) of the Act, the certificate to be incorporated in a written document granting a continuing power of attorney, or a welfare power of attorney, or both, shall be in the form set out in Schedule 1.
3. For the purposes of section 22A(2)(b) of the Act, the certificate to be incorporated in a notice revoking part or all of a continuing power of attorney, or a welfare power of attorney, or both, shall be in the form set out in Schedule 2.
Classes of persons for the purposes of sections 15(3)(c), 16(3)(c) or 22A(2)(b) of the Act
4. For the purposes of sections 15(3)(c), 16(3)(c) and 22A(2)(b) of the Act, the following classes are prescribed:-
(a) practising members of the Faculty of Advocates; and
(b) registered medical practitioners.
(a) 2000 asp 4 as amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10). See section 87(1) and (1A) for the definition of "prescribe" and section 86(1) as to power to make regulations.
Revocation
5. The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2001( a) are revoked.
A member of the Scottish Executive
St Andrew's House,
Edinburgh
2008
(a) S.S.I. 2001/80.
SCHEDULE 1
Regulation 2
CERTIFICATE UNDER SECTIONS 15(3)(c) AND/OR 16(3)(c) OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 TO BE INCORPORATED IN A DOCUMENT GRANTING A POWER OF ATTORNEY
SCHEDULE 2
Regulation 3
CERTIFICATE UNDER SECTION 22A(2)(b) OF THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 TO BE INCORPORATED IN NOTICE REVOKING A POWER OF ATTORNEY
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prescribe certificates for use in connection with the grant of continuing and welfare powers of attorney and the revocation thereof under sections 15, 16 and 22A of the Adults with Incapacity (Scotland) Act 2000. The certificates are set out as Schedules to these Regulations.
Regulation 4 prescribes the classes of persons, in addition to solicitors, who may issue a certificate under sections 15, 16 or 22A.