OpenLegislation

The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008

S.S.I. 2008/314 · Made 16 September 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

ADULT SUPPORT

Made 16th September 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) of the Adult Support and Protection (Scotland) Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 asp 10.

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Amendment of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008.

2Commencement

The Adult Support and Protection (Scotland) Act 2007, in so far as it is not already in force, with the exception of section 66 (Application of Social Work (Scotland) Act 1968f1: persons outwith Scotland), shall come into force on 29th October 2008.

3Amendment of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008

In article 2(2) of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008f1 for “1st October 2008” substitute “3rd November 2008”.

Signature

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th September 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force the remainder of the Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”), with the exception of section 66, on 29th October 2008.

Article 3 amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008. The effect of the amendment is that section 74 and section 77(2) of, and schedule 2 to the 2007 Act, (insofar as the two latter relate to section 146 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”)) come into force on 3rd November 2008. The effect of these provisions coming into force is the repeal of sections 88 and the partial repeal of section 146 of the 1983 Act.