PART 2 continued
(1) This section applies where—
(a) a local authority’s chief social work officer is appointed as a guardian; and
(b) either—
(i) the local authority wish to recall their chief social work officer’s guardianship powers at their own instance; or
(ii) another person (including the adult himself) applies to the local authority for such a recall.
(2) Where this section applies—
(a) the local authority shall, for the purposes of section 73(5), treat the Public Guardian and the Mental Welfare Commission as persons whom they consider to have an interest in the recall of the guardian’s powers; and
(b) if the Public Guardian, the Mental Welfare Commission or any other person to whom intimation is given under section 73(5) objects to the recall of the guardian’s powers, the local authority—
(i) shall not recall the guardian’s powers; but
(ii) shall instead remit the matter for determination by the sheriff under section 73(8).”.
(13) In section 74 (variation of guardianship) of the 2000 Act—
(a) in subsection (2)—
(i) for the words from “shall” to the end of paragraph (b) substitute “may”,
(ii) after “caution”, where last occurring, insert “or to give such other security as the sheriff thinks fit”,
(b) in subsection (5)(c), after “caution” insert “or other security”.
(14) In section 75(3)(b) (duty to issue certificate of substitute guardian’s appointment) of the 2000 Act, after “caution” insert “or given other security”.
(15) After section 75 insert—
The personal representatives of a guardian who dies shall, if aware of the existence of the guardianship, notify the Public Guardian who shall—
(a) notify—
(i) the adult;
(ii) the local authority; and
(iii) in a case where the adult’s incapacity is by reason of, or reasons which include, mental disorder and the guardianship order relates to the adult’s personal welfare or factors including it, the Mental Welfare Commission;
(b) enter prescribed particulars in the register maintained under section 6(2)(b)(iv); and
(c) issue a new certificate of appointment—
(i) to any surviving joint guardian;
(ii) where the Public Guardian is satisfied that any substitute guardian appointed in respect of the dead guardian is willing to act and has found caution or given other security if so required, to the substitute guardian.”.
(16) After section 79 insert—
Sections 57 to 79 apply in relation to a child who will become an adult within 3 months as they apply in relation to an adult; but no guardianship order made in relation to a child shall have effect until the child becomes an adult.”.
(17) In paragraph 6 (application of 2000 Act to curator bonis, tutor-dative or tutor-at-law treated as guardian appointed under that Act) of schedule 4 to the 2000 Act—
(a) in sub-paragraph (3), for the words from “to the period” to the end of that sub-paragraph substitute “—
(a) in the case of a curator bonis who, under paragraph 1(2), became guardian to a person on the person attaining the age of 16 years, to the period of 2 years from the later of the following dates—
(i) the date on which section 60(17) (which amends this paragraph) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) came into force;
(ii) the date on which the person attained the age of 16 years,
(b) in any other case, to the period of 2 years from the date on which section 60(17) (which amends this paragraph) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) came into force.”,
(b) after sub-paragraph (3) insert—
“(3A) A person who has become a guardian to an adult by virtue of this schedule and who was a curator bonis, tutor dative or tutor-in-law to that adult shall cease to be authorised to act as that adult’s guardian—
(a) where the person does not apply for renewal of guardianship within the 2 year period set by sub-paragraph (3), on the expiry of that period;
(b) where—
(i) the person applies for such a renewal within that period; and
(ii) the sheriff refuses the application,
on the date of refusal;
(c) where—
(i) the person applies for such a renewal within that period; and
(ii) the sheriff grants the application,
in accordance with the provisions of this Act.
(3B) Sub-paragraph (3A) does not prevent the authority of a guardian of the type mentioned in that sub-paragraph from being terminated (by virtue of the terms on which the guardian is authorised to act or sections 71, 73, 75 or 79A) earlier than the date on which it would otherwise terminate by operation of that sub-paragraph.
(3C) Where—
(a) a person (“G”) who was a curator bonis, tutor dative or tutor-at-law to an adult becomes the adult’s guardian by virtue of this schedule; and
(b) another person is appointed under section 62 as an additional guardian to the adult before G’s appointment as guardian has been renewed in accordance with the provisions of this Act,
subsection (3A) applies in relation to the additional guardian as it applies in relation to G.
(3D) The Public Guardian must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who—
(a) is a guardian to an adult by virtue of this schedule;
(b) was a curator bonis to that adult; and
(c) has not applied for renewal of guardianship.
(3E) A local authority must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who—
(a) is a guardian to an adult residing within the local authority’s area by virtue of this schedule;
(b) was a tutor dative or tutor-in-law to that adult; and
(c) has not applied for renewal of guardianship.”.
After section 81 of the 2000 Act insert—
(1) The Public Guardian may, when carrying out an investigation under section 6(2)(c) or (d) or inquiries under section 30B(2)—
(a) require any person falling within subsection (2) to provide the Public Guardian with—
(i) the person’s records of the exercise of the person’s powers in relation to the adult to whom the investigation relates; and
(ii) such other information relating to the exercise of those powers as the Public Guardian may reasonably require,
(b) require any person who holds (or who has held) funds on behalf of the adult to whom the investigation relates to provide the Public Guardian with—
(i) its records of the account; and
(ii) such other information relating to those accounts as the Public Guardian may reasonably require.
(2) A person falls within this subsection if the person is or has been—
(a) a continuing attorney appointed by the adult to whom the investigation relates;
(b) a withdrawer with authority to intromit with that adult’s funds;
(c) a person authorised under an intervention order to act in relation to that adult; or
(d) that adult’s guardian.
(3) A fundholder may charge a reasonable fee for complying with a requirement under subsection (1)(b) and may recover that fee from the account concerned.”.