The Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012

Made: 29th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 2nd July 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Amendment Regulations 2012 and come into force on 2ndJuly 2012.

Amendment of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007

2

For regulation2 of the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007[^f00002] substitute—

(2) The requirements prescribed for the purposes of section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000 are that the person concerned must have had their knowledge of how to assess an individual’s capacity to be able to make decisions as to that individual’s medical treatment certified by— (a) a body specified in schedule 2 of the Further and Higher Education (Scotland) Act 2005[^f00003]; or (b) NHS Education for Scotland[^f00004].

Signed

MICHAEL MATHESON — Authorised to sign by the Scottish Ministers — 29th May 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Adults with Incapacity (Requirements for Signing Medical Treatment Certificates) (Scotland) Regulations 2007 in respect of the requirements which must be satisfied by any of the persons mentioned in section 47(1A)(b) of the Adults with Incapacity (Scotland) Act 2000 (a dental practitioner, an ophthalmic optician, a registered nurse or an individual who falls within such description of persons as may be prescribed by Scottish Ministers) in order for that person to be authorised to sign a certificate for the purposes of section47(1). The requirements prescribed in relation to these persons are that they must have their knowledge of the assessment of capacity certified by a Scottish further or higher education institution or by NHS Education for Scotland.

Footnotes

[^f00001]: 2000 asp 4; section 47(1A) was inserted by section35(2)(b) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13); section 87(1) provides that “prescribed” means prescribed by regulations.

[^f00002]: S.S.I. 2007/105.

[^f00003]: 2005 asp 6; schedule 2 has been amended by S.S.I.2005/660, 2006/480, 2007/255 and 524, 2008/241 and 412 and 2011/227 and 229.

[^f00004]: NHS Education for Scotland is a Special Health Board constituted by S.S.I.2002/103.