Adult Support and Protection (Scotland) Act 2007

Cited authorities 132

Cited in

Amendments 141

Jurisdiction	Scotland
Citation	2007 asp 10
Year	2007

(a) will provide benefit to the adult which could not reasonably be provided without intervening in the adult's affairs, and(b) is, of the range of options likely to fulfil the object of the intervention, the least restrictive to the adult's freedom.

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Adult Support and Protection (Scotland) Act 2007
Part 1: Protection of adults at risk of harm

Introductory

1: General principle on intervention in an adult's affairs: The general principle on intervention in an adult's affairs is that a person may intervene, or authorise an intervention, only if satisfied that the intervention—
2: Principles for performing Part 1 functions: A public body or office-holder performing a function under this Part in relation to an adult must, if relevant, have regard to—
3: Adults at risk

Inquiries

4: Council's duty to make inquiries: A council must make inquiries about a person's well-being, property or financial affairs if it knows or believes—
5: Co-operation
6: Duty to consider importance of providing advocacy and other services

Investigations

7: Visits
8: Interviews
9: Medical examinations
10: Examination of records etc.

Assessment orders

11: Assessment orders
12: Criteria for granting assessment order: The sheriff may grant an assessment order only if satisfied—
13: Restriction on exercise of assessment order: A person may be taken from a place in pursuance of an assessment order only if it is not practicable (due to a lack of privacy or otherwise) to—

Removal orders

14: Removal orders
15: Criteria for granting removal order
16: Right to move adult at risk
17: Variation or recall of removal order
18: Protection of moved person's property

Banning orders

19: Banning orders
20: Criteria for granting banning order: The sheriff may grant a banning order only if satisfied—
21: Temporary banning orders
22: Right to apply for banning order
23: Banning orders: occupancy rights of adult at risk
24: Variation or recall of banning order
25: Powers of arrest
26: Notification to adult at risk etc.
27: Notification to police
28: Arrest for breach of banning order
29: Police duties after arrest
30: Notification of detention
31: Duty to keep record of detention
32: Duty to bring detained person before sheriff
33: Information to be presented to sheriff: Where a person is brought before the sheriff under section 32, the fiscal must present to the sheriff a petition—
34: Criteria for authorising longer detention

Protection orders and visits: supplementary

35: Consent of adult at risk
36: Visits: supplementary provisions
37: Warrants for entry
38: Criteria for granting warrants for entry: section 7 visits
39: Duty to grant warrants for entry: removal orders
40: Urgent cases
41: Applications: procedure

Adult Protection Committees

42: Adult Protection Committees
43: Membership
44: Committee procedure
45: Duty to provide information to the Committee
46: Biennial Report: The convener of an Adult Protection Committee must, as soon as practical after such date as the council may direct biennially—
47: Guidance

Other provisions

48: Code of practice
49: Obstruction
50: Offences by bodies corporate etc.
51: Appeals
52: Persons authorised to perform functions under this Part
53: Interpretation of Part 1

Part 2: Adults with incapacity

54: Preliminary
55: Applications and proceedings: sheriff to consider adult's wishes and feelings
56: Orders about incapable adults' nearest relatives

57: Powers of attorney

58: Accounts and funds
59: Intervention orders

60: Guardianship orders

61: Power to obtain records

Part 3: Adult support etc.: miscellaneous amendments and repeals

62: Accommodation charges: removal of liability to maintain spouse and child etc.

63: Direct payments: sub-delegation to councils
64: Power to help incapable adults to benefit from social services etc.
65: Adjustments between councils in relation to social services etc.

66: Application of Social Work (Scotland) Act 1968: persons outwith Scotland
67: Public Guardian: interaction with courts

Part 4: Mental health: miscellaneous amendments and repeals

68: Review of determination extending compulsory treatment order: Section 101 (duty of Mental Health Tribunal to review determination extending compulsory treatment order) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is amended as follows—

69: Compulsion orders: revocation

70: Hospital directions and transfer for treatment directions: revocation

71: Compulsory treatment orders and compulsion orders: cross-border transfer of patients etc.

72: Cross-border visits: leave of absence

73: Applications to the Mental Health Tribunal for Scotland
74: Mental Health Act 1983: repeal of power to return patients absent from hospital etc.
75: Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995: The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows—

Part 5: Final provisions

76: Ancillary provision

77: Minor and consequential amendments and repeals

78: Orders

79: Commencement

80: Short title
SCHEDULE 1 (introduced by section 77(1))
Minor and consequential amendments

National Assistance Act 1948 (c. 29)
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Legal Aid (Scotland) Act 1986 (c. 47)
Criminal Procedure (Scotland) Act 1995 (c. 46)
Adults with Incapacity (Scotland) Act 2000 (asp 4)
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

SCHEDULE 2 (introduced by section 77(2))
Repeals

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Adult Support and Protection (Scotland) Act 2007

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