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Adult Support and Protection (Scotland) Act 2007

2007 asp 10

CONTENTS

  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

    2. Schedule 2

      Repeals

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 15th February 2007 and received Royal Assent on 21st March 2007

An Act of the Scottish Parliament to make provision for the purposes of protecting adults from harm; to require the establishment of committees with functions relating to the safeguarding of adults who are at risk of harm; to amend the law relating to incapable adults; to remove an individual’s liability for expenses incurred by councils in performing certain functions in relation to the individual’s spouse or child; to allow the Scottish Ministers to delegate their functions relating to councils' duty to pay sums for the purposes of securing community care services; to make provision entitling a council to recover expenses incurred in providing social services to persons who are not ordinarily resident in the council’s area; to allow the Public Guardian to intervene in court proceedings; to amend the law relating to mentally disordered persons; and for connected purposes.

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