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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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