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Adults with Incapacity (Scotland) Act 2000

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Adults with Incapacity (Scotland) Act 2000
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An 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.
Citation 2000 asp 4
Introduced by Jim Wallace [1]
Territorial extent Flag of Scotland.svg  Scotland
Dates
Royal assent 9 May 2000 [2]
Other legislation
Repeals/revokes
Amended by
Status: Amended
History of passage through the Parliament
Text of statute as originally enacted
Text of the Adults with Incapacity (Scotland) Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Adults with Incapacity (Scotland) Act 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.

Contents

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

Provisions

The framework established by the act has three main principles: [4]

The act largely modernised the legal framework in relation to incapacity. [5]

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. [6]

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. [7]

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. [8]

Part 5 of the act concerns medical research and treatment of adults with incapacity. [9] It allows, under certain circumstances, medical research to be carried out on adults unable to give consent. [10]

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. [11] [12]

Part 7 of the act ("Miscellaneous") makes it an offence for an individual to wilfully neglect an adult with incapacity. [13]

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. "Shaping new law in Scotland". Law Society of Scotland. 1 June 2000. Retrieved 29 January 2026.
  5. Stevenson, Gary Scot; Ryan, Tracy; Anderson, Susan (1 March 2009). "Principles, patient welfare and the Adults with Incapacity (Scotland) Act 2000" . International Journal of Law and Psychiatry. 32 (2): 120–126. doi:10.1016/j.ijlp.2009.01.008. ISSN   0160-2527.
  6. "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
  7. "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Accounts and Funds", UK Statute Law Database, retrieved 29 December 2010
  8. "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Management of Residents' Finances", UK Statute Law Database, retrieved 29 December 2010
  9. "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Medical Treatment and Research", UK Statute Law Database, retrieved 29 December 2010
  10. A Short Guide to the Act, p. 4
  11. "Adults with Incapacity (Scotland) Act 2000 (asp 4) — Intervention Orders and Guardianship Orders", UK Statute Law Database, retrieved 29 December 2010
  12. A Short Guide to the Act, pp. 2–3
  13. "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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