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Dear Consultee

ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000
Consultation on draft regulations

This is a consultation on draft Regulations to implement a number of the changes to the Adults with Incapacity (Scotland) Act 2000 (the 2000 Act) which were made by the Adult Support and Protection (Scotland) Act 2007 (the 2007 Act). The 2007 Act received Royal Assent on 21 March 2007. For information on these and other changes and the implementation plan/timetable follow this link to the Scottish Executive Adults with Incapacity website - http://www.scotland.gov.uk/Topics/Justice/Civil/awi. Background information is also available on the Scottish Parliament site for the 2007 Act and supporting documents http://www.scottish.parliament.uk/business/bills/62-adultSupport/index.htm.

We hope that the changes which these Regulations will support will be commenced in April 2008.

The Regulations are largely technical and administrative. They provide the mechanisms to support a number of the changes agreed by Parliament to processes in the 2000 Act and to enable them to come into operation. Background information on the draft Regulations is contained in Annex C. The draft Regulations are set out in Annex D.

Three of the Regulations require a Regulatory Impact Assessment ( RIA). A partial RIA is attached at Annex E.

Responding to this consultation paper

We are inviting written responses to this consultation paper and draft RIA by 8 November 2007. Please send your response to:

e-mail: adultsincapacity@scotland.gsi.gov.uk or

If you have any queries contact Kirsty Robertson on 0131 244 6931.

We would be grateful if you could make clear when responding which of the Regulations or aspects of the partial RIA your comments relate to.

This consultation, and all other Scottish Executive consultation exercises, can be viewed online on the consultation web pages of the Scottish Executive website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.

The Scottish Executive now has an email alert system for consultations ( SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form at Annex A as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Executive is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public (see the attached Respondent Information Form), these will be made available to the public in the Scottish Executive Library by 7 December 2007. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the SE Library on 0131 244 4565. Responses can be copied and sent to you, but a charge may be made for this service.

What happens next?

Following the closing date, all responses will be considered prior to introducing the Regulations into the Scottish Parliament and a summary published on the Scottish Executive website.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to Kirsty Robertson whose contact details are above.

Yours sincerely

Frances MacQueen

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