Section 15 Criteria for granting removal orderI1

(1)

The sheriff may grant a removal order only if satisfied—

(a)

that the person in respect of whom the order is sought is an adult at risk who is likely to be seriously harmed if not moved to another place, and

(b)

as to the availability and suitability of the place to which the adult at risk is to be moved.

(2)

A removal order may require a council to allow any specified person to have contact with the adult at risk to whom the order relates—

(a)

at any specified time during which the order has effect, and

(b)

in accordance with any specified conditions.

(3)

But the sheriff must, before including such a requirement, have regard to—

(a)

any representations made by the council as to whether persons should be allowed to have contact with the adult at risk, and

(b)

any relevant representations made by—

(i)

the adult at risk,

(ii)

any person who wishes to be able to have contact with the adult at risk, and

(iii)

any other person who has an interest in the adult at risk's well-being or property.

Annotations

C1: Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2