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Adult Support and Protection (Scotland) Act 2007

2007 asp 10 · Enacted 21 March 2007 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 7 January 2026.

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.

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

Contents

  1. Part 1: Protection of adults at risk of harm
  2. Introductory
  3. 1General principle on intervention in an adult's affairs
  4. 2Principles for performing Part 1 functions
  5. 3Adults at risk
  6. Inquiries
  7. 4Council's duty to make inquiries
  8. 5Co-operation
  9. 5ADisclosure of information by and to certain health care services
  10. 6Duty to consider importance of providing advocacy and other services
  11. Investigations
  12. 7Visits
  13. 8Interviews
  14. 9Medical examinations
  15. 10Examination of records etc.
  16. Assessment orders
  17. 11Assessment orders
  18. 12Criteria for granting assessment order
  19. 13Restriction on exercise of assessment order
  20. Removal orders
  21. 14Removal orders
  22. 15Criteria for granting removal order
  23. 16Right to move adult at risk
  24. 17Variation or recall of removal order
  25. 18Protection of moved person's property
  26. Banning orders
  27. 19Banning orders
  28. 20Criteria for granting banning order
  29. 21Temporary banning orders
  30. 22Right to apply for banning order
  31. 23Banning orders: occupancy rights of adult at risk
  32. 24Variation or recall of banning order
  33. 25Powers of arrest
  34. 26Notification to adult at risk etc.
  35. 27Notification to police
  36. 28Arrest for breach of banning order
  37. 29Police duties after arrest
  38. 30Notification of detention Repealed
  39. 31Duty to keep record of detention Repealed
  40. 32Duty to bring detained person before sheriff
  41. 33Information to be presented to sheriff
  42. 34Criteria for authorising longer detention
  43. Protection orders and visits: supplementary
  44. 35Consent of adult at risk
  45. 36Visits: supplementary provisions
  46. 37Warrants for entry
  47. 38Criteria for granting warrants for entry: section 7 visits
  48. 39Duty to grant warrants for entry: removal orders
  49. 40Urgent cases
  50. 41Applications: procedure
  51. Adult Protection Committees
  52. 42Adult Protection Committees
  53. 43Membership
  54. 44Committee procedure
  55. 45Duty to provide information to the Committee
  56. 45ADisclosure of information to the Committee by certain health care services
  57. 46Biennial Report
  58. 47Guidance
  59. Other provisions
  60. 48Code of practice
  61. 49Obstruction
  62. 50Offences by bodies corporate etc.
  63. 51Appeals
  64. 52Persons authorised to perform functions under this Part
  65. 53Interpretation of Part 1
  66. Part 2: Adults with incapacity
  67. 54Preliminary
  68. 55Applications and proceedings: sheriff to consider adult's wishes and feelings
  69. 56Orders about incapable adults' nearest relatives
  70. 57Powers of attorney
  71. 58Accounts and funds
  72. 59Intervention orders
  73. 60Guardianship orders
  74. 61Power to obtain records
  75. Part 3: Adult support etc.: miscellaneous amendments and repeals
  76. 62Accommodation charges: removal of liability to maintain spouse and child etc.
  77. 63Direct payments: sub-delegation to councils Repealed
  78. 64Power to help incapable adults to benefit from social services etc.
  79. 65Adjustments between councils in relation to social services etc.
  80. 66Application of Social Work (Scotland) Act 1968: persons outwith Scotland Not yet in force
  81. 67Public Guardian: interaction with courts
  82. Part 4: Mental health: miscellaneous amendments and repeals
  83. 68Review of determination extending compulsory treatment order
  84. 69Compulsion orders: revocation
  85. 70Hospital directions and transfer for treatment directions: revocation
  86. 71Compulsory treatment orders and compulsion orders: cross-border transfer of patients etc.
  87. 72Cross-border visits: leave of absence
  88. 73Applications to the Mental Health Tribunal for Scotland
  89. 74Mental Health Act 1983: repeal of power to return patients absent from hospital etc.
  90. 75Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995
  91. Part 5: Final provisions
  92. 76Ancillary provision
  93. 77Minor and consequential amendments and repeals
  94. 78Orders
  95. 79Commencement
  96. 80Short title
  97. Schedule 1: Minor and consequential amendments
  98. National Assistance Act 1948 (c. 29)
  99. 1Paragraph 1
  100. Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
  101. 2Paragraph 2
  102. Legal Aid (Scotland) Act 1986 (c. 47)
  103. 3Paragraph 3
  104. Criminal Procedure (Scotland) Act 1995 (c. 46)
  105. 4Paragraph 4
  106. Adults with Incapacity (Scotland) Act 2000 (asp 4)
  107. 5Paragraph 5
  108. Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
  109. 6Paragraph 6
  110. Schedule 2Repeals