The Act – an Overview Part 2 .Adults With Incapacity Section 55 - Applications and proceedings: sheriff to consider adult’s wishes and feelings
88.Section 55 inserts new subsections (5A) and (5B) into section 3 of the 2000 Act. Subsection (5A) provides that sheriffs must take into account any views expressed on behalf of an incapable adult by a person providing independent advocacy services in all types of applications and proceedings under the 2000 Act. Subsection 3(5B) provides that “independent advocacy services” has the same meaning as it has in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.