Search Legislation

Adult Support and Protection (Scotland) Act 2007

Changes to legislation:

There are currently no known outstanding effects for the Adult Support and Protection (Scotland) Act 2007. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. Part 1 Protection of adults at risk of harm

    1. Introductory

      1. 1.General principle on intervention in an adult's affairs

      2. 2.Principles for performing Part 1 functions

      3. 3.Adults at risk

    2. Inquiries

      1. 4.Council's duty to make inquiries

      2. 5.Co-operation

      3. 6.Duty to consider importance of providing advocacy and other services

    3. Investigations

      1. 7.Visits

      2. 8.Interviews

      3. 9.Medical examinations

      4. 10.Examination of records etc.

    4. Assessment orders

      1. 11.Assessment orders

      2. 12.Criteria for granting assessment order

      3. 13.Restriction on exercise of assessment order

    5. Removal orders

      1. 14.Removal orders

      2. 15.Criteria for granting removal order

      3. 16.Right to move adult at risk

      4. 17.Variation or recall of removal order

      5. 18.Protection of moved person's property

    6. Banning orders

      1. 19.Banning orders

      2. 20.Criteria for granting banning order

      3. 21.Temporary banning orders

      4. 22.Right to apply for banning order

      5. 23.Banning orders: occupancy rights of adult at risk

      6. 24.Variation or recall of banning order

      7. 25.Powers of arrest

      8. 26.Notification to adult at risk etc.

      9. 27.Notification to police

      10. 28.Arrest for breach of banning order

      11. 29.Police duties after arrest

      12. 30.Notification of detention

      13. 31.Duty to keep record of detention

      14. 32.Duty to bring detained person before sheriff

      15. 33.Information to be presented to sheriff

      16. 34.Criteria for authorising longer detention

    7. Protection orders and visits: supplementary

      1. 35.Consent of adult at risk

      2. 36.Visits: supplementary provisions

      3. 37.Warrants for entry

      4. 38.Criteria for granting warrants for entry: section 7 visits

      5. 39.Duty to grant warrants for entry: removal orders

      6. 40.Urgent cases

      7. 41.Applications: procedure

    8. Adult Protection Committees

      1. 42.Adult Protection Committees

      2. 43.Membership

      3. 44.Committee procedure

      4. 45.Duty to provide information to the Committee

      5. 46.Biennial Report

      6. 47.Guidance

    9. Other provisions

      1. 48.Code of practice

      2. 49.Obstruction

      3. 50.Offences by bodies corporate etc.

      4. 51.Appeals

      5. 52.Persons authorised to perform functions under this Part

      6. 53.Interpretation of Part 1

  3. Part 2 Adults with incapacity

    1. 54.Preliminary

    2. 55.Applications and proceedings: sheriff to consider adult's wishes and feelings

    3. 56.Orders about incapable adults' nearest relatives

    4. 57.Powers of attorney

    5. 58.Accounts and funds

    6. 59.Intervention orders

    7. 60.Guardianship orders

    8. 61.Power to obtain records

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

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

    2. 63.Direct payments: sub-delegation to councils

    3. 64.Power to help incapable adults to benefit from social services etc.

    4. 65.Adjustments between councils in relation to social services etc.

    5. 66.Application of Social Work (Scotland) Act 1968: persons outwith Scotland

    6. 67.Public Guardian: interaction with courts

  5. Part 4 Mental health: miscellaneous amendments and repeals

    1. 68.Review of determination extending compulsory treatment order

    2. 69.Compulsion orders: revocation

    3. 70.Hospital directions and transfer for treatment directions: revocation

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

    5. 72.Cross-border visits: leave of absence

    6. 73.Applications to the Mental Health Tribunal for Scotland

    7. 74.Mental Health Act 1983: repeal of power to return patients absent from hospital etc.

    8. 75.Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995

  6. Part 5 Final provisions

    1. 76.Ancillary provision

    2. 77.Minor and consequential amendments and repeals

    3. 78.Orders

    4. 79.Commencement

    5. 80.Short title

    1. SCHEDULE 1

      Minor and consequential amendments

      1. National Assistance Act 1948 (c. 29)

        1. 1.The National Assistance Act 1948 is amended as follows—

      2. Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

        1. 2.The Disabled Persons (Services, Consultation and Representation) Act 1986 is...

      3. Legal Aid (Scotland) Act 1986 (c. 47)

        1. 3.The Legal Aid (Scotland) Act 1986 is amended as follows—...

      4. Criminal Procedure (Scotland) Act 1995 (c. 46)

        1. 4.The Criminal Procedure (Scotland) Act 1995 is amended as follows—...

      5. Adults with Incapacity (Scotland) Act 2000 (asp 4)

        1. 5.The Adults with Incapacity (Scotland) Act 2000 is amended as...

      6. Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

        1. 6.In paragraph 3(1)(b) of schedule 1 to the Mental Health...

    2. SCHEDULE 2

      Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources