
1 

(1) These Regulations may be cited as the Adults with Incapacity (Conditions and Circumstances Applicable to Three Year Medical Treatment Certificates) (Scotland) Regulations 2007 and shall come into force on 23rd March 2007.
(2) In these Regulations–
 “the Act” means the Adults with Incapacity (Scotland) Act 2000; and
 “severe or profound learning disability” means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning.
2 
For the purpose of section 47(5)(b)(ii) of the Act the conditions and circumstances prescribed are that–
(a) the adult is suffering from–
(i) a severe or profound learning disability;
(ii) dementia; or
(iii) a severe neurological disorder,
such that the adult is incapable in respect of decisions about medical treatment of the adult; and
(b) what the adult is suffering from under paragraph (a) is unlikely to improve.
3 
For the purpose of section 47(6)(b)(ii) of the Act the conditions and circumstances prescribed are that–
(a) the adult is suffering from–
(i) a severe or profound learning disability;
(ii) dementia; or
(iii) a severe neurological disorder,
such that the adult is incapable in respect of decisions about medical treatment of the adult; and
(b) what the adult is suffering from under paragraph (a) is unlikely to improve.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st February 2007