Scottish Statutory Instrument 2001 No. 78

      The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001


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SCOTTISH STATUTORY INSTRUMENTS


2001 No. 78

ADULTS WITH INCAPACITY

The Adults with Incapacity (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001

  Made 7th March 2001 
  Laid before the Scottish Parliament 8th March 2001 
  Coming into force 2nd April 2001 

The Scottish Ministers, in exercise of the powers conferred by section 26(1)(c) 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 (Countersignatories of Applications for Authority to Intromit) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.

Interpretation
    
2. In these Regulations-

    "the Act" means the Adults with Incapacity (Scotland) Act 2000;

    "advocate" means a practising member of the Faculty of Advocates;

    "executry practitioner" has the same meaning as in section 23 of the Law Reform Miscellaneous Provisions (Scotland) Act 1990[3];

    "mental health officer" has the same meaning as in section 125 of the Mental Health (Scotland) Act 1984[4];

    "qualified conveyancer" has the same meaning as in section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

    "registered European lawyer" has the same meaning as in regulation 2 of the European Communities (Lawyer's Practice) (Scotland) Regulations 2000[5];

    "solicitor" has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 1980[6];

    "registered teacher" has the same meaning as in section 135 of the Education (Scotland) Act 1980[7].

Classes of persons who may countersign an application under section 26 of the Act
     3. An application made under section 26 of the Act shall be countersigned by a person who is a member of a class of persons referred to in the Schedule to these Regulations.


JAMES R WALLACE
A member of the Scottish Executive

St. Andrew's House, Edinburgh
7th March 2001



SCHEDULE
Regulation 3


CLASSES OF PERSONS WHO MAY COUNTERSIGN AN APPLICATION UNDER SECTION 26 OF THE ACT


Advocates

Constables of a police force

Established civil servants

Executry practitioners

Justices of the peace

Councillors

Members of Parliament

Members of the European Parliament

Members of the Scottish Parliament

Mental health officers

Ministers of religion

Qualified conveyancers

Registered European lawyers

Registered medical practitioners

Registered nurses

Solicitors

Registered Teachers



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe the classes of persons who may countersign an application made under section 26 of the Adults with Incapacity (Scotland) Act 2000.

Regulation 3 provides that a person who is a member of one of the classes of persons set out in the Schedule to these Regulations may countersign an application made under that section.


Notes:

[1] 2000 asp 4. See section 87(1) for the definition of "prescribe"and section 86(1) as to power to make regulations.back

[2] 1994 c.39; section 2 was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232(1).back

[3] 1990 c.40.back

[4] 1984 c.36.back

[5] S.S.I. 2000/121.back

[6] 1980 c.46; section 65 was amended and repealed in part by the Law Reform (Miscellaneous Provisions) Scotland Act 1990 (c.40), Schedule 8, paragraph 29(15) and Schedule 9.back

[7] 1980 c.44back



ISBN 0-11-059627-7


 


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Prepared 3 April 2001