The Scottish Government has issued a consultation on views on proposals for reform to the Adults with Incapacity (Scotland) Act 2000 (AWI).
In 2000, when the AWI act came into force, it was regarded as ground-breaking legislation, essentially a world leader in capacity legislation. For the first time, Scotland had a comprehensive regime to protect the welfare and financial rights of persons lacking in capacity.
International human rights law in this field has developed further since then and we need to ensure that Scotland's law remains fully fit for purpose.
The Scottish Government has issued guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children who have attained 12 years of age in respect of additional support for learning in school education.
The Scottish Government has issued on the draft regulations regarding the transfer of the functions and members of the Additional Support Needs Tribunals for Scotland (ASNTS) into the Scottish Tribunals, the rules of procedure for the First-tier Tribunal Health and Education Chamber, the Composition of the First-tier and Upper Tribunals for Scotland, and the eligibility for membership of the First-tier Tribunal for Scotland.
The Mental Health and Disability Law Sub-Committee has responded to the UNCRPD's call for comments on the Draft General Comment on the right of persons with disabilities to live independently and be included in the community (article 19).
The Mental Health and Disability Law Sub-Committee has responded to the Committee on the Rights of Persons with Disabilities in relation to the review of the UK’s UN Convention on the Rights of Persons with Disabilities (CRPD) compliance.
The second consultation on the implementation of the Mental Health (Scotland) Act 2015 focusses on cross-border transfer regulations, regulations relating to absconding patients and transitional and savings provisions.
This is the first of two Scottish Government consultations on the implementation of the 2015 Act and covers several topics, including the changes to the named person provisions and secondary legislation regarding conflict of interests at certain medical examinations.