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

S.S.I. 2008/49 · Made 20 February 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MENTAL HEALTH

ADULTS WITH INCAPACITY

ADULT SUPPORT

Made 20th February 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 2007f1.

Annotations to the whole text

Footnotes

f1

2007 asp 10.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional provisions
  4. 4Transitional provisions
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

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

(2)

In this Order–

(a)

“the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000f1;

(b)

references to sections, schedules and parts are, unless otherwise stated, references to sections and parts of, and schedules to, the Adult Support and Protection (Scotland) Act 2007.

2Commencement

(1)

Part 2, in so far as it is not already in force, shall come into force on 1st April 2008.

(2)

Section 74, section 77(2) and Schedule 2, in so far as they relate to section 146 of the Mental Health Act 1983f1,come into force on 1st October 2008.

3Transitional provisions

An application under section 26 of the 2000 Act for authority to intromit with funds made before the coming into force of the substitution of Part 3 of the 2000 Act by section 58, but not granted or refused before that date, shall be treated on or after that date as if it were an application under section 25 of the 2000 Act (as substituted by section 58).

4Transitional provisions

A certificate of authority issued under section 26(4)(b) of the 2000 Act before the coming into force of the substitution of Part 3 of the 2000 Act by section 58, shall be treated on or after that date as if it were a certificate issued under section 25(4)(b) of the 2000 Act (as substituted by section 58).

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th February 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of the Adult Support and Protection (Scotland) Act 2007 (“the Act”) on 1st April 2008.

Article 2(1) brings into force the remaining provisions in Part 2 (Adults with Incapacity) of the Act. These provisions make various amendments to the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”).

Article 2(2) brings into force section 74 of and part of Schedule 2 to the Act which repeal sections 88, 128 and 146 of the Mental Health Act 1983 on 1st October 2008.

Articles 3 and 4 contain transitional provisions for applications made and certificates issued under Part 3 (Accounts and Funds) of the 2000 Act. Article 3 provides that applications made but not determined before 1st April 2008 are to be treated as applications under the new Part 3 of the 2000 Act. Article 4 provides that certificates of authority issued under Part 3 of the 2000 Act before 1st April 2008 are to be treated as certificates of authority issued under the new Part 3 of the 2000 Act.