Adults with Incapacity (Scotland) Act 2000

Question Time — scottish executive – in the Scottish Parliament at 2:30 pm on 5 October 2000.

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Photo of Andy Kerr Andy Kerr Labour 2:30, 5 October 2000

To ask the Scottish Executive how soon incapable adults will benefit from the Adults with Incapacity (Scotland) Act 2000. (S1O-2330)

Photo of Angus MacKay Angus MacKay Labour

The act will be implemented between April 2001 and April 2002. The new office of public guardian will open in April 2001. Parts 2 and 3 of the act, dealing with powers of attorney and the access to funds scheme, will come into force in April 2001. Draft codes of practice in relation to parts 2 and 3 were issued for consultation on 14 September and comments have been requested by 15 December.

Photo of Andy Kerr Andy Kerr Labour

As the minister knows, the Adults with Incapacity (Scotland) Act 2000 has been widely welcomed by people who recognised the great need for a reform in the law. Can he advise me when the medical treatment code of practice will be issued for consultation? How will he ensure an adequate consultation period?

Photo of Angus MacKay Angus MacKay Labour

It is extremely disappointing that, while a member is asking a question on an important issue such as the Adults with Incapacity (Scotland) Act 2000, members of the Opposition are bickering and cat-calling.

The act will be of substantial benefit to many people who have struggled for years without the support of the legislation. Mr Kerr is right to raise the question, because it has not been possible to publish the original code for consultation within the time scale that we envisaged. I assure him that the code will be published shortly and that we will ensure that there is a consultation period of at least three months in order to allow views to be properly heard.