
1 

(1) This Order may be cited as the Adults with Incapacity (Scotland) Act 2000 (Commencement No. 1) Order 2001.
(2) In this Order, “the Act” means the Adults with Incapacity (Scotland) Act 2000.
2 
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order and the subject matter of which is described in column 2 of that Schedule shall come into force on 2nd April 2001, and where a particular purpose is specified in relation to any provision in Column 3 of that Schedule, that provision shall come into force on that day for that purpose only.
3 
The provisions of the Act which are specified in column 1 of Schedule 2 to this Order and the subject matter of which is described in column 2 of that Schedule shall so far as not then in force come into force on 1st April 2002, and where a particular purpose is specified in relation to any provision in Column 3 of that Schedule, that provision shall come into force on that day for that purpose only.
JAMES R WALLACE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
7th March 2001
SCHEDULE 1
Article 2


Column 1 Column 2 Column 3
Provision of the Act Subject matter Purposes
Section 1 General principles and fundamental definitions 
Section 2 Applications and other proceedings and appeals 
Section 3 Powers of sheriff 
Section 4 Power of Court of Session or sheriff with regard to nearest relative 
Section 5 Safeguarding of interests in Court of Session appeals or proceedings 
Section 6(1), (2)(b)(i)to (iii), (2)(c)(i) and (ii), (2)(d) The Public Guardian and his functions 
Section 6(2)(e) ”  ” Only for the purpose of bringing into force this provision insofar as it relates to continuing attorneys or withdrawers
Section 6(2)(f), (3)(b) ”  ” 
Section 7 The Public Guardian: further provision 
Section 8 Expenses in court proceedings 
Section 9(1)(a) to (c), (d)(i), (e), (f) Functions of the Mental Welfare Commission 
Section 9(1)(g) ”  ” Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 9(2) ”  ” Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 9(3)(b) ”  ” 
Sections 10(1)(b), (1)(c)(i), (1)(d) Functions of local authorities 
Section 10(1)(e) ”  ” Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Section 10(2), (3)(b)(ii), (4)(b) Functions of local authorities 
Section 11 Intimation not required in certain circumstances 
Section 12 Investigations Only for the purpose of bringing into force this provision insofar as it relates to investigations in relation to continuing attorneys, welfare attorneys and intromission with funds under Part 3 of the Act
Section 13 Codes of practice 
Section 14 Appeal against decision as to incapacity 
Section 15 Creation of continuing power of attorney 
Section 16 Creation and exercise of welfare power of attorney 
Section 17 Attorney not obliged to act in certain circumstances 
Section 18 Power of attorney not granted in accordance with this Act 
Section 19 Registration of continuing or welfare power of attorney 
Section 20 Powers of sheriff 
Section 21 Records: attorneys 
Section 22 Notification to Public Guardian 
Section 23 Resignation of continuing or welfare attorney 
Section 24(1) and (4) Termination of continuing or welfare power of attorney 
Section 25 Authority to intromit with funds 
Section 26 Application for authority to intromit 
Section 27 Notification of change of address 
Section 28 Purposes of intromission with funds 
Section 29 Withdrawal and use of funds 
Section 30 Records and inquiries 
Section 31 Duration and termination of registration 
Section 32 Joint accounts 
Section 33 Transfer of funds 
Section 34 Disapplication of Part 3 of the Act 
Section 81(1)(a) to (c) Repayment of funds 
Section 81(2) ”  ” Only for the purpose of bringing into force this provision insofar as it relates to section 82 of the Act
Section 82(1) Limitation of liability Only for the purpose of bringing into force this provision insofar as it relates to continuing attorneys, welfare attorneys and withdrawers
Section 82(2)(b) and (c) ”  ” 
Section 83 Offence of ill treatment and wilful neglect. 
Section 85 Jurisdiction and private international law Only for the purpose of bringing into force the provisions of Schedule 3 to the Act specified below
Section 86 Regulations 
Section 87 Interpretation 
Section 88 Continuation of existing powers, minor and consequential amendments and repeals Only for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below
Schedule 3, paragraphs 1(1) and (5), 2(1), (3) and (4), 3, 4, 5, 6, 7(1), (2)(a), (3)(a) to (d), 8, 9, 10, 13 and 14 Jurisdiction and private international law 
Schedule 4, paragraphs 4, 7(a) to (c), and 8 Continuation of existing curators, tutors, guardians and attorneys under this Act 
Schedule 5:Paragraph 2 Minor and Consequential Amendments –Defence Act 1842 (c. 94) 
Paragraph 3 Judicial Factors Act 1849 (c. 51) 
Paragraph 5 Titles to Land (Consolidation) (Scotland) Act 1868 (c. 101) 
Paragraph 6 Judicial Factors (Scotland) Act 1889 (c. 39) 
Paragraph 7 Heritable Securities (Scotland) Act 1894 (c. 44) Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers
Paragraph 9 Offices Shops and Railway Premises Act 1963 (c. 41) Only for the purpose of bringing into force this provision insofar as it relates to continuing and welfare attorneys and withdrawers
Paragraph 13 Sheriff Courts (Scotland) Act 1971 (c. 58) 
Paragraph 14 Land Registration (Scotland) Act 1979 (c. 33) 
Paragraph 17(3) to (21), (24)(b) Mental Health (Scotland) Act 1984 (c. 36) Only for the purpose of bringing into force these provisions insofar as they relate to welfare attorneys
Paragraph 19 Legal Aid (Scotland) Act 1986 (c. 47) 
Paragraph 22 Child Support Act 1991 (c. 48) Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Paragraph 23 Social Security Administration Act 1992 (c. 5) Only for the purpose of bringing into force this provision insofar as it relates to welfare attorneys
Paragraph 25 Clean Air Act 1993 (c. 11) 
Schedule 6 Repeals Only for the purpose of bringing into force the repeal of section 71 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
SCHEDULE 2
Article 3


Column 1 Column 2 Column 3
Provision of the Act Subject matter Purposes
Section 6 The Public Guardian and his functions 
Section 9 Functions of the Mental Welfare Commission 
Section 10 Functions of local authorities 
Section 12 Investigations 
Section 24 Termination of continuing or welfare power of attorney 
Section 53 Intervention orders 
Section 54 Records: intervention orders 
Section 55 Notification of change of address 
Section 56 Registration of intervention order relating to heritable property 
Section 57 Application for guardianship order 
Section 58 Disposal of application 
Section 59 Who may be appointed as guardian 
Section 60 Renewal of guardianship order by sheriff 
Section 61 Registration of guardianship order relating to heritable property 
Section 62 Joint guardians 
Section 63 Substitute guardian 
Section 64 Functions and duties of guardian 
Section 65 Records: guardians 
Section 66 Gifts 
Section 67 Effect of appointment and transactions of guardian 
Section 68 Reimbursement and remuneration of guardian 
Section 69 Forfeiture of guardian’s remuneration 
Section 70 Non-compliance with decisions of guardian with welfare powers 
Section 71 Replacement or removal of guardian or recall of guardianship by sheriff 
Section 72 Discharge of guardian with financial powers 
Section 73 Recall of powers of guardian 
Section 74 Variation of guardianship order 
Section 75 Resignation of guardian 
Section 76 Change of habitual residence 
Section 77 Termination of authority to intervene and guardianship on death of adult 
Section 78 Amendment of registration under section 61 on events affecting guardianship or death of an adult 
Section 79 Protection of third parties: guardianship 
Section 80 Future appointment of curator bonis etc. incompetent 
Section 81 Repayment of funds 
Section 82 Limitation of liability 
Section 84 Application to guardians appointed under Criminal Procedure (Scotland) Act 1995 
Section 88 Continuation of existing powers, minor and consequential amendments and repeals Only for the purpose of bringing into force the provisions of Schedules 4, 5 and 6 to the Act specified below
Schedule 2 Management of estate of adult 
Schedule 4, paragraphs 1, 2, 3 and 6 Continuation of existing curators, tutors, guardians and attorneys under this Act 
Schedule 5: Minor and Consequential Amendments– 
Paragraph 1 General 
Paragraph 7 Heritable Securities (Scotland) Act 1894 (c. 44) 
Paragraph 8 National Assistance Act 1984 (c. 29) 
Paragraph 9 Offices, Shops and Railway Premises Act 1963 (c. 41) 
Paragraph 12 Medicines Act 1968 (c. 67) 
Paragraph 15 Solicitors (Scotland) Act 1980 (c. 46) 
Paragraph 16 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) 
Paragraph 17(1), (2), (3) to (21) and (24) Mental Health (Scotland) Act 1984 (c. 36) 
Paragraph 18 Insolvency Act 1986 (c. 45) 
Paragraph 20 Financial Services Act 1986 (c. 60) 
Paragraph 21 Access to Health Records Act 1990 (c. 23) 
Paragraph 22 Child Support Act 1991 (c. 48) 
Paragraph 23 Social Security Administration Act 1992 (c. 5) 
Paragraph 24 Health Service Commissioners Act 1993 (c. 46) 
Paragraph 26 Criminal Procedure (Scotland) Act 1995 (c. 46) 
Schedule 6 Repeals For all purposes, other than bringing into force the repeal of provisions in the Improvement of Land Act 1864 (27&28 Vict. c.114) and in section 5(2) of the Mental Health (Scotland) Act 1984 (c. 36)