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Rights and protection for adults with incapacity

Policy Statement by the Scottish Executive on Adults with Incapacity

On 16 June, the First Minister announced that the Scottish Executive's programme of legislation for the Scottish Parliament would include an incapable adults Bill. Making the Right Moves is the title of a policy statement, published by the Scottish Executive on 23 August 1999, and laid by Scottish Ministers before the Scottish Parliament. The policy statement is subtitled Rights and protection for adults with incapacity and it explains what will be included in the Adults with Incapacity (Scotland) Bill, to be introduced by the Executive in the Scottish Parliament this autumn.

The full statement and a short summary leaflet can be viewed by clicking on the appropriate title, as can two of the key background documents: the 1995 Report on Incapable Adults by the Scottish Law Commission, and the 1997 Scottish Office consultation paper: Managing the Finances and Welfare of Incapable Adults.

The summary - this is a short leaflet, giving an overview of the issues contained in the policy statement and setting out its recommendations clearly and simply. (also available as Adobe Acrobat format [pdf 500k])

The policy statement - here you can read the whole text of Making the Right Moves. This is a detailed statement of the Scottish Executive's plans for comprehensive legislation in the Scottish Parliament this autumn. It also sets out what alternative approaches have been considered, and the outcome of consultation about these. It should be useful to all families and carers of adults with incapacity, to statutory and voluntary organisations in the field, and to anyone who wishes to prepare for their own possible future incapacity. (also available as Adobe Acrobat format [pdf 518k])

Scottish Law Commission Report on Incapable Adults - this includes the recommendations for reform of the existing law and the draft Bill published by the Scottish Law Commission in 1995.

Managing the Finances and Welfare of Incapable Adults - this consultation paper was published by the Scottish Office in 1997. It accepts many of the recommendations of the Scottish Law Commission, and requested comments on a series of questions about others.

Although the policy statement is not being issued specifically for consultation, we would welcome readers' comments on our policy. These can be sent to:

Copies of the summary leaflet can be provided on request, from:

The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. © 1997-1999. For general enquiries about this web site email ceu@scotland.gov.uk or fill out our online questionnaire.