SCOTTISH STATUTORY INSTRUMENTS
2008 No.
ADULTS WITH INCAPACITY
The Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Amendment 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 power conferred by section 73(5) of the Adults with Incapacity (Scotland) Act 2000( a) and of all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Amendment Regulations 2008 and shall come into force on [ ] 2008.
Amendment of the Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002
2. -(1) The Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002( b) are amended in accordance with the following paragraphs.
(2) In Schedule 1 (application to Mental Welfare Commission for recall of powers of a guardian relating to personal welfare)-
(a) at the end of Part B insert-
Note: The Mental Welfare Commission may not be asked to recall welfare powers other than those granted in cases where the adult's incapacity is by reason of, or reasons which include, mental disorder. and
(b) in Part E after paragraph 3 insert as paragraph 3A the text in the Schedule to these Regulations.
(3) In Schedule 2 (application to local authority for recall of powers of a guardian relating to personal welfare)-
(a) in Part A delete the footnote; and
(b) in Part E after paragraph 3 insert as paragraph 3A the text in the Schedule.
(4) In Schedule 4 (intimation by Mental Welfare Commission of (i) application or (ii) intention to recall powers of a guardian relating to personal welfare) at the end under the heading "Notes on Part A" and after "(c) the adult's primary carer;" insert "(ca) the adult's named person;"(a).
(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 "prescribed" and section 86(1) as to the power to make regulations.
(b) S.S.I. 2002/97.
(5) In Schedule 5 (intimation by local authority of (i) application or (ii) intention to recall powers of a guardian relating to personal welfare) at the end under the heading "Notes on Part A" and after "(c) the adult's primary carer;" insert "(ca) the adult's named person;".
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008
(a)The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005/465, Schedule 1, paragraph 28(2) inserted "named person" in section 1(4) of the Adults with Incapacity (Scotland) Act 2000 as one of those persons whose views should be taken account of in determining if an intervention is to be made.
SCHEDULE
Regulation 2(2)(b) and (3)(b)
EXPLANATORY NOTE
(This note is not part of the Regulations)