Age of Legal Capacity (Scotland) Act 1991

The Age of Legal Capacity (Scotland) Act 1991 is an Act of the Scottish Parliament that reformed the law of Scotland relating to the age at which a person attains legal capacity to enter into transactions, including contracts and to make decisions regarding their welfare. Prior to this Act, the age of majority in Scotland was 21.

The key provision of the Act lowered the general age of legal capacity from 21 to 16. This means that, generally, a person aged 16 or over has the legal capacity to enter into any kind of transaction. The Act defines "legal capacity" as the ability to enter into binding legal agreements and to administer one's own property and affairs.

While the Act establishes 16 as the primary age of legal capacity, it also includes provisions designed to protect younger people from exploitation or disadvantage. Section 3 of the Act allows the court to set aside a transaction entered into by a person under 18 if the transaction was a prejudicial transaction. A "prejudicial transaction" is one which an adult acting reasonably would not have entered into and which has caused or is likely to cause substantial prejudice to the young person. This provision is not applicable if the minor received independent legal advice prior to entering into the transaction.

The Act also deals with specific aspects of capacity, such as the ability to make a will, to consent to medical treatment, and to act as a trustee. Different age thresholds may apply to these specific situations, even though the general age of legal capacity is 16. For example, the Act allows a person aged 12 or over to instruct a solicitor in any civil matter.

The Age of Legal Capacity (Scotland) Act 1991 has significantly impacted the rights and responsibilities of young people in Scotland, granting them greater autonomy and control over their lives from the age of 16, while also providing safeguards to protect them from potential harm.