
1 
These Regulations may be cited as the Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008 and come into force on 1st April 2008.
2 

(1) The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002 are amended as follows.
(2) In regulation 3 after “section 57(3)(a)” insert “, or, as the case may be, section 60(3)(a),”.
(3) In regulation 4 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by a mental health officer under section 60(3)(b) in respect of an application for a category (b) order below”.
(4) In regulation 5 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or under section 60(3)(b) in respect of an application for a category (b) order below”.
(5) In regulation 6 substitute for “in relation to an application for” with “in respect of applications for a category (a) or (c) order below, or by the Public Guardian under section 60 (3)(c) in respect of an application for a category (b) order below”.
(6) In Schedule 1–
(a) for “section 57(3)(a)” where it first appears substitute “sections 57(3)(a) and 60(3)(a)”;
(b) for Part A substitute Schedule 1 to these Regulations;
(c) in Part C for the footnote for “mental disorder” substitute:–“
 mental disorder has the meaning given to it in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, namely that it means any mental illness; personality disorder or learning disability however caused or manifested, but an adult is not mentally disordered by reason only of sexual orientation; sexual deviancy; transsexualism; transvestism; dependence on, or use of, alcohol or drugs; behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person; or acting as no prudent person would act.”; and
(d) in the last sentence of Part C after “primary carer” insert “named person”.
(7) In Schedules 2, 4, 5, 7, 8 and 10 in Parts D after paragraph 5 insert the text in Schedule 2 to these Regulations as paragraph 5A.
(8) For Schedule 3 substitute Schedule 3 to these Regulations.
(9) For Schedule 6 substitute Schedule 4 to these Regulations.
(10) For Schedule 9 substitute Schedule 5 to these Regulations.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
20th February 2008
SCHEDULE 1
Regulation 2(6)(b)

SCHEDULE 2
Regulation 2(7)

SCHEDULE 3
Regulation 2(8)

SCHEDULE 3
Regulation 4(b)

SCHEDULE 4
Regulation 2(9)

SCHEDULE 6
Regulation 5(b)

SCHEDULE 5
Regulation 2(10)

SCHEDULE 9
Regulation 6(b)
