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Improving with Experience: Adults with Incapacity (Scotland) Act 2000 Consultation

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1 PURPOSE OF THIS CONSULTATION PAPER

1.1 This paper invites comments on the Executive's proposals to make improvements to the Adults with Incapacity (Scotland) Act 2000, when a suitable legislative opportunity is available. It relates to the following parts of the Act:

Part 1 - the principles and operation of the Act

Part 2 - powers of attorney

Part 3 - intromission with funds (IwF)

Part 6 - intervention orders and guardianship orders

Part 7 - miscellaneous provisions.

1.2 This consultation is not directly concerned with parts 4 and 5 2 of the Act. This is because Part 4 - management of residents' finances - came into operation in October 2003 and evaluation is scheduled to begin in 2005-06. Part 5 - medical treatment and research - came into operation in July 2003 and, following consultation with stakeholders, two amendments have been taken forward in the Smoking, Health and Social Care (Scotland) Act 3.

1.3 The proposals outlined in this document aim to address issues which emerged from research, commissioned by the Executive, to evaluate the implementation of the Act. In formulating proposals, the Executive has also considered the views of a number of key stakeholder groups.

1.4 The proposals aim to:

  • simplify processes and procedures where experience has shown them to be overly complex for the purpose;
  • improve access to justice, where certain provisions have proved to be too narrow and inflexible;
  • address minor and technical issues.

1.5 We invite views on any or all the questions set out in this consultation paper. Please complete the response form enclosed for return by 4 November 2005.

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Page updated: Tuesday, August 23, 2005