Scottish Law Commissions Report on Adults with Incapacity

Closed 31 Mar 2016

Opened 31 Dec 2015

Published responses

View submitted responses where consent has been given to publish the response.


 In October 2014, the Scottish Law Commission ( ‘the Commission’) published a report on Adults with Incapacity  which focussed on the question of deprivation of liberty as it relates to persons who may be subject to the Adults with Incapacity legislation and associated issues. The report made a number of recommendations and contained a draft Bill, amending the Adults with Incapacity (Scotland) Act 2000 (‘the 2000 Act’) and the Mental Health (Care and Treatment)(Scotland) Act 2003 (‘the 2003 Act’).

Please read the full consultation paper and draft Bill before completing the online survey. 

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You can download the paper here

Why your views matter

This consultation paper seeks views on specific matters raised in the Commissions report, with particular reference to the Commissions draft Bill and how that would work alongside the existing legislation. It also takes the opportunity to seek general views on wider aspects of the 2000 Act that may benefit from review. The findings from this consultation will inform the decisions regarding any wider review of the 2000 Act. 

What happens next

The results from this consultation will be analysed and used to inform a wider review of the Adults with Incapacity legislation.


  • Health and Social Care
  • Law and Order