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(1) The Scottish Ministers may by order make—
(a) such supplementary, incidental or consequential provision, or
(b) such transitional, transitory or saving provision,
as they consider appropriate for the purposes of, or in consequence of, or for giving full effect to, any provision made by virtue of this Act.
(2) An order under subsection (1) may modify any enactment, instrument or document.
(1) Schedule 1 contains minor and consequential amendments.
(2) The enactments mentioned in the first column in schedule 2 are repealed to the extent specified in the second column.
(1) Any power of the Scottish Ministers under this Act to make an order is exercisable by statutory instrument.
(2) Any such power includes power to make different provision for different purposes.
(3) Subject to subsection (4), a statutory instrument containing an order (other than an order made under section 79(3)) made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4) A statutory instrument containing an order made under section 76 containing provisions which add to, replace or omit any part of the text of this or any other Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(1) This Part (other than section 77) comes into force on Royal Assent.
(2) Sections 64, 69 and 70 come into force on the day after Royal Assent.
(3) Section 77, and the provisions of Parts 1 to 4 (except sections 64, 69 and 70), come into force on such day as the Scottish Ministers may by order appoint.
(4) Such an order may also make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate.
This Act may be cited as the Adult Support and Protection (Scotland) Act 2007.
(introduced by section 77(1))
1 The National Assistance Act 1948 is amended as follows—
(a) in section 26(4)—
(i) for “Subsections (5A), (7) and (9)” substitute “Subsection (5A)”, and
(ii) for “they apply” substitute “it applies”,
(b) in section 51—
(i) in subsection (1), for “, himself or any other person” substitute “him”,
(ii) in subsection (3), after “conviction” insert “to imprisonment for a term not exceeding 3 months.”.
2 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—
(a) in section 7(2)(a), for “1984” substitute “2003”,
(b) in section 16—
(i) in paragraph (b) of the definition of “mental disorder”, for the words “section 1(2) of the 1984 Act” substitute “section 328 of the 2003 Act”,
(ii) in the definition of “State hospital”, for “1984” substitute “2003” .
3 The Legal Aid (Scotland) Act 1986 is amended as follows—
(a) in section 34(2), after the last paragraph insert—
“(g) in pursuance of a requirement made under section 10(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).”,
(b) in section 36(3)(bb)—
(i) after “is” insert “applying for an order under section 53(1), 57(1), 60(1), 62(1) or 63(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (in relation to himself or any other adult) or is otherwise”,
(ii) for “the Adults with Incapacity (Scotland) Act 2000 (asp 4)” substitute “that Act”.
4 The Criminal Procedure (Scotland) Act 1995 is amended as follows—
(a) in section 58(6)(d), for “person” substitute “person’s personal welfare which makes the same provision as the guardianship order which the court proposes to make under this section”,
(b) in section 58(7)—
(i) after “order”, where first occurring, insert “made under this section”,
(ii) for “offender” substitute “person” and for “offender's” substitute “person's”,
(c) in section 60B, the words “under section 58(1) of this Act” are repealed.
5 The Adults with Incapacity (Scotland) Act 2000 is amended as follows—
(a) in section 6(2)(b)(iii), for “to intromit” substitute “relating to intromission”,
(b) in section 39(1)(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,
(c) in section 41(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,
(d) in section 47, after subsection (2) insert—
“(2A) Subsection (2)—
(a) does not affect any authority conferred by any other enactment or rule of law; and
(b) is subject to—
(i) the following provisions of this section;
(ii) sections 49 and 50; and
(iii) sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.”,
(e) in section 87, after subsection (1) insert—
“(1A) Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.”
(f) in paragraph 6(2) of schedule 2, after “carer” insert “, his named person”,
(g) in paragraph 3(3) of schedule 3, for “18” substitute “20”,
(h) for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—
“(3) Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).
(4) Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).”.
6 In paragraph 3(1)(b) of schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “a minimum of three” substitute “one or more”.
Adult Support and Protection (Scotland) Act 2007