# The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008

S.S.I. 2008/116 · made 13 March 2008

This Order amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 to clarify a potential ambiguity in the drafting of article 2(2) of that Order.

Made under: Adult Support and Protection (Scotland) Act 2007 (Section 79)

PDFs: Printed copy https://openlegislation.uk/adult-support-and-protection-scotland-act-2007-commencement-no-2-and-transitional-provisions-amendment-order-2008/pdf/ssi_20080116_en.pdf

## Introductory text

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2008/49 and is being issued free of charge to all known recipients of that instrument
MENTAL HEALTH
ADULT SUPPORT
Made 13th March 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) and (4) of the Adult Support and Protection (Scotland) Act 2007.

## 1 Citation

This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008.

## 2 Amendment of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008

For article 2(2) of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 substitute the following–
“(2) The following provisions shall come into force on 1st October 2008–
(a) section 74;
(b) section 77(2) and Schedule 2 insofar as they relate to section 146 of the Mental Health Act 1983.”.

## Signature

FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
13th March 2008

## Explanatory note

(This note is not part of the Order)
This Order amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 to clarify a potential ambiguity in the drafting of article 2(2) of that Order.
This Order provides that section 74 of the Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”), which repeals section 88 and 128 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) is to come into force on 1st October 2008. It also provides that section 77(2) and Schedule 2 of the 2007 Act, so far as they relate to section 146 of the 1983 Act are to come into force on 1st October 2008. The effect of this provision is the repeal of section 88 and 128 and the partial repeal of section 146 of the 1983 Act.

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Source: https://www.legislation.gov.uk/ssi/2008/116 (the official version)
Page: https://openlegislation.uk/adult-support-and-protection-scotland-act-2007-commencement-no-2-and-transitional-provisions-amendment-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.