Adults with incapacity: code of practice for local authorities

Footnotes

1 Mental Health (Care and Treatment) (Scotland) Act 2003, s32(2)(b); 2003 Act (Requirements for appointment as mental health officers) Direction 2005; 2003 Act (Requirements for continuing appointment as mental health officers) Direction 2006.

2 Scottish Executive (10 August 2004) Guidance on Care Management in Community Care (CCD8/2004)

3 Where there is disagreement between the proxy and the local authority with regard to the provision of services and this relates to concerns about how the proxy is exercising his/her functions then the local authority has the power to investigate.

4 Community Care and Health (Scotland) Act 2002, New Statutory Rights for Carers: Guidance. Circular No. CCD 2/2003, 31 March 2003, Carers as Key Partners paragraph 3.1.

5 Mental Health (Care and Treatment) (Scotland) Act 2003, Section 259.

6 Scottish Executive, National Training Framework for Care Management (March 2006), Module 2 session 5.

7 Scottish Executive (10 August) guidance on Care Management in Community Care (CCD8/2004) paragraphs 32-35.

8 Section 6 of the Human Rights Act 1998

9 Adults with Incapacity (Scotland) Act 2000, Code of Practice For Local Authorities Exercising Functions under the 2000 Act. available at: www.scotland.gsi.gov.uk/justice.incapacity

10 Scottish Executive (10 August) guidance on Care Management in Community Care (CCD8/2004) paragraphs 32-35.

11 Community Care and Health (Scotland) Act 2002, New Statutory Rights for Carers: Guidance. Circular No. CCD 2/2003, 31 March 2003, Carers as Key Partners paragraph 3.1.

12 Mental Health (Care and Treatment) (Scotland) Act 2003, Section 259.

13 Scottish Executive, National Training Framework for Care Management (March 2006), Module 2 session 5.

14 Scottish Executive (10 August) guidance on Care Management in Community Care(CCD8/2004) paragraphs 32-35.

15 (2004) 40 EHRR 761

16 (2002) ECHR 157

17 2005 SCLR 613