Practice Note: Edinburgh Sheriff Court – Applications under the Adults with Incapacity (Scotland) Act 2000

The Practice Note does not alter the practice for most applications; its main focus is to update practice in light of Aberdeenshire Council v JM CSIH 65 when there is a counter-crave for appointment as guardian.

Paragraphs 2 and 3(v) of the Practice Note deal with the Aberdeenshire Council case. The wording of what is now paragraph 3(o) has been amended to emphasise the need to lodge material to enable the sheriff to be satisfied about the suitability of a person for appointment and paragraph 3(w) deals with applications for variation under sections 74(4) and 57.

There have otherwise also been some alterations and/or additions to the wording of what are now paragraphs 1, 3(a), 3(b), 3(c), 3(d), 3(k), 3(l), 3(m), 3(p), 3(q), 3R), 3(s), 3(t), 3(z) and 4(g) of the Practice Note as compared with the previous Practice Note, No 1 of 2016.

Copies of the Practice Note are available on the Scottish Courts website at http://www.scotcourts.gov.uk/rules-and-practice/practice-notes/sheriff-court-practice-notes-(civil) and from the webpage for the Guardianship Court at Edinburgh Sheriff Court at http://www.scotcourts.gov.uk/awi/guardianship-court

An electronic version of the practice note may also be obtained by email application to the AWI mailbox at Edinburgh Sheriff Court at edinburghawi@scotcourts.gov.uk