Adults with Incapacity (Scotland) Act 2000 - Publications effective from 1 April 2008
Scottish Government publications relating to the Adults with Incapacity (Scotland) Act 2000 (the 2000 Act) have been revised to take account of the changes which have been made to the 2000 Act by the Adult Support and Protection (Scotland) Act 2007. Please use the link below to access a list of the revised publications.
Adults with Incapacity (Scotland) Act 2000 - National Practice Co-ordinator Final Report
Jan Killeen, the AWI National Practice Co-ordinator (2005-2007) has prepared her final report, use the link below to access.
Adults with Incapacity (Scotland) Act 2000 - Regulations coming into effect on 1 April 2008
You will be aware that a number of changes were made to the Adults with Incapacity (Scotland) Act 2000 by the Adult Support and Protection (Scotland) Act 2007 (the 2007 Act) and that we consulted from August to November 2007 on Regulations to support the implementation of a number of those changes. The Regulations have been laid and will come into effect on 1 April, along with the remaining changes relating to the 2000 Act. (Links to the Regulations and further information below)
The Regulations provide for new, and amendments to existing, forms and certificates in relation to:
- applications for intervention and guardianship orders
- renewal of guardianship orders
- recall of guardianship orders
- registration of powers of attorney
- revocation of powers of attorney
- applications under new Part 3.
All forms/certificates which are required to support applications under Part 3 and 6 of the Act which will be submitted after 1 April must be in the new style.
Certificates in the current form to support registration of powers of attorney will be valid provided they are dated before 1 April.
- Link to the revised forms
- Links to Regulations and further information
The Adult Support and Protection (Scotland) Act 2007 (Adults with Incapacity) (Consequential Provisions) Order 2008 SSI 2008/50 - Web Version (HTML)
The Adults with Incapacity (Accounts and Funds) (Scotland) Regulations 2008 SSI 2008/51 - Web Version (HTML)
The Adults with Incapacity (Public Guardian's Fees) (Scotland) Regulations 2008 SSI 2008/52 - Web Version (HTML)
The Adults with Incapacity (Recall of Guardians' Powers) (Scotland) Amendment Regulations 2008 SSI 2008/53 - Web Version (HTML)
The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Amendment Regulations 2008 SSI 2008/55 - Web Version (HTML)
The Adults with Incapacity (Certificates in Relation to Powers of Attorney) (Scotland) Regulations 2008 SSI 2008/56 - Web Version (HTML)
Details of the changes to the 2000 Act - http://www.scotland.gov.uk/Topics/Justice/Civil/awi/latest-news/commencement
Closed consultation on draft Regulations - http://www.scotland.gov.uk/Publications/2007/08/10111218/0
Revised Codes of Practice (December 2007)
Use the following link to view the revised Codes of Practice in penultimate draft form - any comments must be received by Friday, 8 February 2008. Please click this link for further information.
Now available - updated 'It's Your Decision' Booklet (October 2007)
It's Your Decision
Now available - Communication and Assessing Capacity - A guide for social work and health care staff (October 2007)
Communication and Assessing Capacity - A Guide
Now available - a Cantonese version of a Guide for Carers
A Guide for Carers
Consultation
- Commencement of changes made to Adults with Incapacity (Scotland) Act 2000 via the Adult Support and Protection Bill 2007 (August 2007)
Detailed list of changes and their commencement
- Updated guidance for Local Authorities (March 2007)
Guidance for Local Authorities: Provision of Community Care Services to Adults with Incapacity - CCD5/2007
- New Guide for Carers (November 2006)
Guardianship and Intervention Orders - making an application. A Guide for Carers
This guide is for carers (family members and friends) who are concerned that the person they support lacks the ability to make some or all important decisions for themselves. It provides information on:
- how the Adults with Incapacity Act can help
- how to make an application for guardianship or intervention order - a step by step guide
- Adults with Incapacity (Scotland) Act 2000 - Making Decisions - Your Rights DVD (October 2006)
Making Decisions - Your Rights DVD
This DVD provides a series of short programmes about how the Act can help and what rights the individual has under it. A booklet on how to use the DVD is provided. It is for use with small groups or one-to-one, by support staff or family members to assist discussion of sensitive issues around decision-making. It comes in two versions. One for people with dementia and one for people with a learning disability, both accompanied by a users guide. Programmes focus on making decisions about your life.