
1 
These Regulations may be cited as the Adults with Incapacity (Evidence in Relation to Dispensing with Intimation or Notification) (Scotland) Regulations 2001 and shall come into force on 2nd April 2001.
2 

(1) For the purposes of section 11(2) of the Adults with Incapacity (Scotland) Act 2000, the evidence which the Public Guardian shall take into account when deciding whether to dispense with intimation or notification to the adult shall be two medical certificates stating that intimation or notification could be likely to pose a serious risk to the health of the adult.
(2) Those medical certificates shall be prepared by medical practitioners independent of each other.
(3) In any case where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be a medical practitioner approved for the purposes of section 20 of the Mental Health (Scotland) Act 1984 as having special experience in the diagnosis or treatment of mental disorder.
JAMES R WALLACE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
7th March 2001