Public register
The Public Register
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Finding out if information is contained in the register
Anyone can ask for a search of the public register. Individuals, banks, financial organisations etc. can request a search of the public register by completing our form. Please provide as much personal information as possible about the person who is the subject of the search. A separate form must be completed for each person.
We aim to process requests within five working days however there may be times when it will take longer. Please note that requests will be processed in order of priority.
For more information about requesting a public register search please read our helpful FAQs
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Request for local authorities and key partners
We let the relevant local authority know when we have registered a welfare power of attorney or welfare guardianship. Specific arrangements are in place for local authorities and key partners requesting a search of the register.
1. Staff working in integrated social and health care teams
You should check with your own central office/designated AWI contact for any welfare appointments for adults living in your area, before contacting us. Any attorney or guardian should be able to produce a copy of their certificate which includes the powers they have been granted.
The designated AWI contact should only contact us if the local authority does not already hold the information. When requesting a search of the register please complete our form as we need specific information to conduct the search.
We can advise AWI designated contacts at the local authority of the presence, or otherwise, of a financial appointment.
2. NHS staff who are not part of integrated social work and health care services
Please complete our form and email your request to opg@scotcourts.gov.uk
For more information about requesting a public register search please read our helpful FAQs
Register of International Measures
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This register contains international measures made under the law of a country other than Scotland for the personal welfare, or the protection of property of an adult with incapacity. By ‘international measure’ we mean a measure taken by the country as opposed to by the individual themselves, for example, the equivalent of a Scottish guardianship order. An ‘international measure’ does not include a foreign power of attorney as it can be exercised in Scotland without any other endorsement process being required. See here for more information.
Making an application to the sheriff court
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To apply to register an international measure you will need to make a summary application to the sheriff court. As this is a court process it is recommended that you speak to a legal adviser. Schedule 3, sections 7 & 8 of the Adults with Incapacity (Scotland) 2000 Act and the Act of Sederunt (Amendment) 2003 provide more information on what is involved. The Sheriff Clerk can also provide further information on the application process.
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Your summary application should include an original copy or certified copy of the international measure e.g. Court of Protection order, etc. plus any English translation if needed. The translation must be certified as correct by a qualified translator.
On receipt, the sheriff court will send a copy of your application to:
- The adult, where appropriate
- The Scottish Central Authority and Mental Welfare Commission for Scotland, where appropriate
- The Public Guardian
- Any other person considered appropriate.
Our role
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When the Sheriff orders an international measure to be registered, we will be notified as we have a statutory duty to hold and update the register, and make this information and documents available to the public.
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If you wish to access the information held on the international register you should make your request in writing to us and provide as much personal information as possible about the person who is the subject of the search for example, names, known addresses, date of birth etc. as this will make it easier to search the register. There is no charge for this service.