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New All Scotland Practice Note for AWI cases

The Sheriffs Principal have published a new Practice Note which applies to all applications made to the Sheriff Court under the Adults with Incapacity (Scotland) Act 2000.

This is the latest all Scotland guidance, which has been produced by the Sheriffs Principal over the last few years. 

Sheriff Principal Anwar KC said:  “The All Scotland Sheriff Court Practice Note is designed to assist practitioners, wherever they are in Scotland, to understand what the court requires of them and to create a consistency of practice in Scotland. The Practice Note has been informed by best practices which have developed across many sheriff courts as a result of engagement with local practitioners.”

The AWI Practice Note, which comes in to effect on 13 July 2026, replaces all previous Practice Notes relating to the 2000 Act.

There were over 3700 cases in the Sheriff Court last year (2025/26) which dealt with applications under the Adults with Incapacity Act.  The Act sets out a framework for regulating intervention in the affairs of adults who have impaired capacity. It allows for intervention in a wide range of property, financial or welfare matters. These are therefore amongst the most important and complex cases to be brought before the Sheriff Court.

 

NOTE

The following Practice Notes are revoked by the following Sheriffs Principal:

  • Practice Note No 3 of 2024 issued by Sheriff Principal Anwar on 25 July 2024 is revoked by Sheriff Principal Anwar;
  • Practice Note No 1 of 2024 issued by Sheriff Principal Ross dated 8 January 2024 is revoked by Sheriff Principal Ross;
  • Practice Note No 1 of 2024 issued by Sheriff Principal Dowdalls dated 24 January 2024 is revoked by Sheriff Principal Dowdalls;
  • Practice Note No 1 of 2018 issued by Sheriff Principal Lewis dated 6 December 2017 is revoked by Sheriff Principal Wade
  • Part 3 of the Consolidated Practice Note issued by Sheriff Principal Murray dated 20 October 2017 is revoked by Temporary Sheriff Principal Mohan;
  • Practice Note No 1 of 2005 issued by Sheriff Principal Young on 4 April 2005 is revoked by Sheriff Principal Miller.
Practice notes
06 July 2026 Communications