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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020097.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 73(5), (7) and (10) and 86(2) 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 (Recall of Guardians' Powers) (Scotland) Regulations 2002 and shall come into force on 1st April 2002. Interpretation 2 Any reference in these Regulations-
(b) to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations.
Applications for recall
(b) by the local authority shall be in the form set out in Schedule 2,
and, where the person making the application considers that the adult is no longer incapable, shall be accompanied by a medical report in the form set out in Schedule 3.
(b) their intention at their own instance to recall the powers of a guardian,
shall be in the form set out in Schedule 4.
(b) its intention at its own instance to recall the powers of a guardian,
shall be in the form set out in Schedule 5.
(b) refuse an application to recall such powers; or (c) remit, or not remit, the decision on recall to the sheriff under section 73(8),
shall be in the form set out in Schedule 8.
(b) refuse an application to recall such powers; or (c) remit, or not remit, the decision on recall to the sheriff under section 73(8),
shall be in the form set out in Schedule 9. (This note is not part of the Regulations) These Regulations prescribe the forms to be completed in relation to applications to, and decisions of, the Mental Welfare Commission and local authorities in relation to recall of the powers of guardians under section 73 of the Adults with Incapacity (Scotland) Act 2000 (regulations 3 to 5, 7, 8, 10 and 11 and Schedules 1 to 9). The regulations provide that the period within which a person may object to the recall of a guardian's powers, or to the decision of the Mental Welfare Commission or the local authority as to the recall of those powers, shall be 21 days (regulations 6 and 9). Regulation 12 provides that the Mental Welfare Commission or a local authority shall notify each other, the applicant and the Public Guardian of any decision to recall the powers of a guardian. [1] 2000 asp 4; see section 87(1) for the definition of "prescribed" and section 86(1) as to the power to make regulations.back
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| © Crown copyright 2002 | Prepared 11 April 2002 |
