Section | Proposed change |
|---|
6 (1) | Amend to allow for the possibility of
decoupling the roles of Accountant of Court and
Public Guardian for future operational
flexibility. |
15 | Amend to clarify that a continuing power of
attorney comes to an end in the event of the
bankruptcy of the granter or the continuing
attorney. |
19(2)(c) | Under section 22, the Public Guardian is
required to notify
changes relating to welfare
attorneys to the local authority and the
MWC. Under 19(2)(c) the
power of attorney
only has to be sent in the
first place to the
MWC. Section 19(2)(c) should be amended to
include the local authority. |
22 | As all welfare PoAs are copied to the
MWC under 19(2)(c). So, all
changes in welfare PoAs should therefore also
be copied to the
MWC. Amend to delete references in parenthesis to
mental disorder. |
Revocation - for clarification, the Act
should be amended to clarify that PoA can be
revoked in whole or in part in writing to the
OPG. |
47(8) | Amend to rectify inconsistency between
section 47(8) and 48(2), as 48(2) is not
concerned solely with prohibited
treatments. |
53(10) | 1) There is no provision for the issue of
certificate of appointment by
PG (as happens with
guardianship) Amend to provide for issue of
certificate. 2) 53(10)(b) does not provide for what is to
be notified by the
PG. Amend to provide for the
terms of the interlocutor to be notified (as
for guardianship in section 58(7)(d)) |
55 | Section 55 does not provide for interveners
an equivalent time limit for notification of
change of address as for guardian in section
64(4). Amend to reflect section 64(4) |
64 | Section 22 requires an attorney's personal
representatives to notify the death of the
attorney to the
PG. There is no equivalent
requirement in part 6 in relation to the death
of a guardian/intervener. S64 should be amended
accordingly |
70(2) | 70(2) duplicates the provision at
section 70(1) to enforce a welfare guardian's
decisions where they are not complied with by a
person other than the adult. Our policy
intention was to provide in section 70(1) for
circumstances in which the adult did not comply
with a guardian's decision and in section 70(2)
for circumstances in which a third party did
not comply. In |
the event, both provisions have been
included in subsection (1). This has the
unfortunate effect that a warrant may be issued
for the adult's removal where a third party has
refused to comply with the guardian's decision.
Amendment is required to revert to the original
intention to split the provisions. |
73(3) | As drafted the section allows the recall of
all guardianships relating to personal welfare
by the
MWC. An amendment is
required to provide that the
MWC's power of recall is
only in those cases where incapacity relates to
mental disorder. |
Schedule 3 Paragraph 3(3) | Reference to section 18 of the Act should be
to section 20 and should be amended. |
Schedule 4, paragraphs 4(4) 4(6) | The paragraph references in these paragraphs
are incorrect and should be amended. |
Schedules 5 and 6 | Amend errors in these schedules, relating to
the Judicial Factors Act 1849 and the
Improvement of Land Act 1864. |
Schedule 5, paragraph 26(2)(d) | 58(6)(d) of Criminal Procedure (Scotland)
Act 1995 -should relate to welfare guardians
with relevant powers only. |
Schedule 5, paragraph 26(2)(e) | Reference in this section should be to
58(1A) not to section 58(1). |
Schedule 5, paragraph 26(4) | Provision does not have the intended effect
of amending section 61 of the
CPSA 1995 and should be
amended accordingly. |
Criminal Procedure (Scotland) Act 1995 | Amendments to section 58 to reflect the
terminology of the Adults with Incapacity
(Scotland) Act 2000 - references in section
58(6) to 'place under guardianship' and
'receive into guardianship' should refer to the
placing of the person's 'personal welfare'
under guardianship. Reference to 'offender' in section 58(7)
should be amended because disposal by way of
guardianship can be used for those who are not
convicted (section 58(3)). |