(4) Existing legal norms on the legal capacity of minors and pupils which are incompatible with the provisions of this Act shall cease to have effect. In all other cases, the legal guardian under the age of 16 has the right to deal with all contractual and consent matters on behalf of the child. (i)any civil proceedings may be instituted, defended or defended on behalf of a person under 16 years of age, or any measure of civil proceedings may be taken [F1 for which there is no person entitled to act as his or her legal representative (within the meaning of Part I of the Children (Scotland) Act 1995) or where there is such a person] is incapable (whether by reason of reason of conflict of interest or for other reasons) or refuses to initiate, defend or take any such action; In family law, the parental duties and rights imposed by the Children (Scotland) Act 1995 end when the child is 16 years of age, if not before, with the sole exception of giving advice until the age of 18, but no guidance. In fact, the 1995 Act states that parental responsibility to act as the child`s legal representative exists only “if the child is unable to act or consent on his or her own behalf” (section 15(5)(b)), so that if a child under the age of 16 is actually capable of acting under the 1991 Act, the parent`s ability to act disappears. An Act which provides in Scottish law for the legal capacity of persons under 18 years of age to enter into transactions, the cancellation and ratification of transactions, transactions carried out by such persons and guardianship by the court of persons under 16 years of age; to make provisions in Scottish law on when and when a person must be brought at a certain age; and for related purposes. From the age of 16, a person has full legal capacity to enter into any form of agreement. This is subject to the protection of younger persons by a right (according to § 3) under the age of 21 to have a contract concluded between the ages of 16 and 18 annulled as an “unfavourable transaction”. It shall be examined whether a reasonably prudent adult would not have entered into such a contract and whether the person has been disadvantaged by the conclusion of this contract. According to § 4, a contract may be approved in advance by a court, in which case it may not be reduced at a later date.
Contracts concluded in the context of the young person`s undertaking or in which he has wrongly indicated his age may also not be reduced. Under Scottish law, the young person`s 16th birthday draws the line between childhood and adulthood, not between his or her 18th birthday as in English and Welsh law. Scottish law also provides that, in certain circumstances, a person under the age of 16 is presumed to be able to consent to surgical, medical or dental treatment or procedure, provided that he or she is able to understand the nature and consequences of the proposed treatment or procedure.5 In general, a person under the age of 16 is not legally capable under Scottish law. whereas a person aged 16 and over has full legal capacity (Section 1, Age of Legal Capacity (Scotland) Act 1991). Although there is limited protection for young adults aged 16 or 17 to cancel essentially unfavourable transactions if they are contested before the age of 21 (§ 3), the exceptions provided for by law relate more to the moment when a person under the age of 16 actually has legal capacity (§ 2). (b)grant legal capacity to any person who is not incapacitated on the ground that he or she is not of legal age; The Age of Legal Capacity (Scotland) Act 1991 (c.50) is an Act of the Parliament of the United Kingdom which applies only in Scotland. It replaced the already existing rule of the student body and the minority with a simpler rule according to which a person aged 16 has full legal capacity. [1] (2) A person who has reached the age of 12 or the minimum age has testamentary capacity, including the legal capacity to exercise a power of appointment in writing in a will.
(2) Subject to section 8 below, any reference in an order in council to a student (except in the context of education or training) or to a person who is subject to a legal disability or legal incapacity by reason of age shall be construed as referring to a person under the age of 16 to the extent that it relates to a period after the coming into force of this Act. The Age of Legal Capacity (Scotland) Act 1991 (c.50) Act of the Parliament of the United Kingdom applies only in Scotland. It replaced the already existing rule of the student body and the minority with a simpler rule according to which a person aged 16 has full legal capacity. [1] Under the Age Legal Capacity Scotland Act 1991, the old rules and conditions have been replaced. The basic rule of the Alternative Regulation is that young people under the age of 16 do not have legal capacity. This is limited by Article 2, which provides that those under the age of 16 may do the following: since Gillick was finally decided by the House of Lords4, his authority extends to both Scotland and other parts of the United Kingdom. However, Scottish law went beyond Gillick with the adoption of the Age of Legal Capacity (Scotland) Act (Scotland) Act (the “Scottish Act”) in 1991. Since parliamentary legislation is superior to the common law, the provisions of Scottish law prevail in Scotland. 4. A person under 16 years of age shall have the legal capacity to consent, in his own name, to any surgical, medical or dental intervention or treatment if, in the opinion of a qualified physician caring for him, he is able to understand the nature and possible consequences of the procedure or treatment.