Age of Legal Capacity Scotland Act., Lecture notes of Family Law

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Age of Legal Capacity Scotland Act FAMILY LAW AGE OF LEGAL CAPACITY (SCOTLAND) ACT 1991 © Child gets legal personality at birth provided they are born alive + Aparent must act on behalf of young children in the legal world * Capacity of a child depends on the age of legal capacity act 1991 + Anyone under 16 has no legal capacity whatsoever Person over 16 has legal capacity to enter into a transaction + $2 gives us exceptions to the general rule + If'someone under 16 enters a contract, the contract is void * Child over the age of 12 has the capacity to make a will + Over 12 — can veto their own adoption Child under 16 can consent to surgical procedures provided the medical expert thinks they understand the procedure Child under 16 has legal capacity to enter transaction of a kind commonly entered into by someone their age, provided itis not an unreasonable transaction Over 16 and under 18, you can apply to court to set transaction aside on ground itis a prejudicial transaction + Apply to sheriff court + Decision of court is final ‘Unsure about transaction — go to court, ask them to look at proceedings, ask them to ratify * Decision of court is final + Once ratified that is it Gillick v West Norfolk and Wisbech Area Health Authority 1983 3 WLR 859 + English case + Health authority in England issued determination which allowed doctors (GPs) to give contraceptive advice and treatment to children under 16 without parental consent about:blank 1/16