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Publication - Consultation paper

Adults with incapacity ( Scotland ) Act 2000: proposals for reform

A consultation on proposed reforms to the law that makes provision for the welfare of adults who are unable to make decisions by reason of incapacity.

Contents
Adults with incapacity ( Scotland ) Act 2000: proposals for reform
Footnotes

Footnotes

1. HLvUK (2005) 40EHRR32

2. ECHR Article 5 – right to liberty and security of the person.

3. Essex Autonomy Three Jurisdictions report June 2016,p51 ‘Conclusions and recommendations’.

4. [2014] EWCOP 45

5. 2003 asp

6. Scot Law Com No 151, 1995

7. Scot Law Com 240, 2014.

8. SLC report appendix A

9. SLC report 240 para 4.48 et seq.

10. KC v Poland app no 31199/12, 25 November 2014, Cervenka v Czech Republic [2017] M.H.L.R. 195, A-MV v Finland app no 53251/13,23 March 2017, r-ferreira-v-hm-senior-coroner-for-inner-south-london [2015] EWHC 2990 (Admin)

11. See Bournewood case – confinement in a secure psychiatric hospital; Cheshire West – highly restrictive arrangments

12. MWC Advice note Deprivation of Liberty (update 2015)

13. HLvUK (2005) 40 EHRR 32

14. The review was announced by the then Minister for Mental Health in spring 2015 and is expected to conclude in 2019.

15. Chapter 8 asks for views on which forum should be used.

16. Report on Incapable adults Scot Law Com no 151 (1995)

17. Scot LAW Com 240

18. Integration authorities as established by the Public Bodies (Joint Working)(Scotland) Act 2014 asp 9.

19. asp 13

20. Re T (Adult: refusal of treatment) [1991] 4 All ER 649: Re C (Adult; Refusal of Medical Treatment) [1994] 1 WLR 290.

21. Ihub.scotland

22. Council of Europe recommendation CM/Rec (2009) 11.


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