Adult Support and Protection (Scotland) Act 2007

(56A) Where a person authorised under an intervention order dies, the person's personal representatives shall, if aware of the existence of the authority, notify the Public Guardian who shall— (a) notify— (i) the adult; (ii) the local authority; and (iii) in a case where the adult's incapacity is by reason of, or reasons which include, mental disorder and the intervention order relates to the adult's personal welfare or factors including it, the Mental Welfare Commission; and (b) enter prescribed particulars in the register maintained under section 6(2)(b)(v).

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Guardianship orders

60

• (1) In section 57 (guardianship orders) of the 2000 Act—

• (a) in subsection (3)(a), for “an approved” substitute “ a relevant ”,

• (b) after subsection (3), insert—

(3A) Subsection (3B) applies where a report lodged under subsection (3)(a) relates to an examination and assessment carried out more than 30 days before the lodging of the application. (3B) Where this subsection applies, the sheriff may, despite subsection (3)(a), continue to consider the application if satisfied that there has been no change in circumstances since the examination and assessment was carried out which may be relevant to matters set out in the report.

,

• (c) in subsection (6)(b), for the words from “period” to “appointment” substitute “ effective period ”,

• (d) after subsection (6) insert—

(6A) The “effective period”, for the purposes of subsection (6), means— (a) the period of 3 months beginning with the date of appointment; or (b) such longer period (not exceeding 6 months) beginning with that date as the sheriff may specify in the order. (6B) In subsection (3)(a), “relevant medical practitioner” means— (a) an approved medical practitioner; (b) where the adult concerned is not present in Scotland, a person who— (i) holds qualifications recognised in the place where the adult is present and has special experience in relation to the diagnosis and treatment of mental disorder which correspond to the qualifications and experience needed to be an approved medical practitioner; and (ii) has consulted the Mental Welfare Commission for Scotland about the report concerned; or (c) any other type of individual described (by reference to skills, qualifications, experience or otherwise) by regulations made by the Scottish Ministers. (6C) The Scottish Ministers shall consult the Mental Welfare Commission before making regulations under subsection (6B)(c).

,

• (e) in subsection (7), for “(3)(a)” substitute “ (6B) ”.

• (2) In section 58 (disposal of application for guardianship) of the 2000 Act—

• (a) in subsection (6)—

• (i) for the words from “shall” to the end of paragraph (b) substitute “ may ”,

• (ii) after “caution”, where last occurring, insert “ or to give such other security as the sheriff thinks fit ”,

• (b) in subsection (7)(b), after “caution” insert “ or given other security ”.

• (3) In section 60 (renewal of guardianship)—

• (a) for subsection (3) substitute—

(3) There must be lodged in court along with an application under this section— (a) at least one report, in the prescribed form, of an examination and assessment of the adult carried out by a medical practitioner not more than 30 days before the lodging of the application; (b) where the application relates to the adult's personal welfare, a report, in the prescribed form, from the mental health officer (but where it is in jeopardy only because of the adult's inability to communicate, from the chief social work officer), containing the officer's opinion as to— (i) the general appropriateness of continuing the guardianship, based on an interview and assessment of the adult carried out not more than 30 days before the lodging of the application; and (ii) the suitability of the applicant to continue to be the adult's guardian; and (c) where the application relates to the adult's property or financial affairs, a report from the Public Guardian, in the prescribed form, containing the Public Guardian's opinion as to— (i) the applicant's conduct as the adult's guardian; and (ii) the suitability of the applicant to continue to be the adult's guardian. (3A) In a case where the incapacity is by reason of mental disorder— (a) where a single report is lodged under subsection (3)(a), the related examination and assessment must be carried out by a relevant medical practitioner; (b) where 2 or more reports are so lodged, at least one of the related examinations and assessments must be carried out by a relevant medical practitioner. “Relevant medical practitioner” has the same meaning in this subsection as it has in section 57(3)(a) (see definition in section 57(6B)).

,

• (b) after subsection (4) insert—

(4A) A sheriff may determine an application made under this section without hearing the parties.

.

• (4) In section 61(3) (application for registration of guardianship order) of the 2000 Act, after “caution” insert “ or giving other security ”.

• (5) In section 62(5)(b) (duty to issue certificate of additional guardian's appointment) of the 2000 Act, after “caution” insert “ or given other security ”.

• (6) In section 63 (substitute guardian) of the 2000 Act—

• (a) in subsection (5)—

• (i) for the words from “shall” to the end of paragraph (b) substitute “ may ”,

• (ii) after “caution”, where last occurring, insert “ or to give such other security as the sheriff thinks fit ”,

• (b) in subsection (9)(b), after “caution” insert “ or given other security ”.

• (7) In section 64(2)(b) (medical treatment to which a guardian cannot consent), for “mentioned in section 48(1) or (2)” substitute “ in relation to which the authority conferred by section 47(2) does not apply by virtue of regulations made under section 48(2) ”.

• (8) In section 70 (non-compliance with guardian's decisions)—

• (a) in subsection (1), the words “or by any other person”, “or other person” and “or any person named in the order” are repealed,

• (b) after subsection (4) insert—

(4A) The sheriff may, on cause shown, disapply or modify the application of— (a) subsection (3); and (b) subsection (4) in so far as it requires the sheriff to hear objections.

.

• (9) In section 71 (replacement etc. of guardian) of the 2000 Act—

• (a) in subsection (2)—

• (i) for the words from “shall” to the end of paragraph (b) substitute “ may ”,

• (ii) after “caution”, where last occurring, insert “ or to give such other security as the sheriff thinks fit ”,

• (b) in subsection (3)(b)—

• (i) in sub-paragraph (i), after “caution” insert “ or given other security ”,

• (ii) in sub-paragraph (ii), after “caution” insert “ or given other security ”.

• (10) In section 72(1) (discharge of guardian with financial powers), after paragraph (a) insert—

(aa) the expiry of such a guardianship order;

.

• (11) In section 73 (recall of guardian's powers) of the 2000 Act—

• (a) in subsection (3), the words from “(other” to “guardian)” are repealed,

• (b) after subsection (3) insert—

(3A) The Mental Welfare Commission may recall the powers of a guardian under subsection (3) only if those powers were granted in a case where the adult's incapacity is by reason of, or reasons which include, mental disorder.

,

• (c) after subsection (10) insert—

(11) Section 73A modifies the application of this section in relation to the recall by a local authority of guardianship powers held by their chief social work officer.

.

• (12) After section 73 of the 2000 Act insert—

(73A) (1) This section applies where— (a) a local authority's chief social work officer is appointed as a guardian; and (b) either— (i) the local authority wish to recall their chief social work officer's guardianship powers at their own instance; or (ii) another person (including the adult himself) applies to the local authority for such a recall. (2) Where this section applies— (a) the local authority shall, for the purposes of section 73(5), treat the Public Guardian and the Mental Welfare Commission as persons whom they consider to have an interest in the recall of the guardian's powers; and (b) if the Public Guardian, the Mental Welfare Commission or any other person to whom intimation is given under section 73(5) objects to the recall of the guardian's powers, the local authority— (i) shall not recall the guardian's powers; but (ii) shall instead remit the matter for determination by the sheriff under section 73(8).

.

• (13) In section 74 (variation of guardianship) of the 2000 Act—

• (a) in subsection (2)—

• (i) for the words from “shall” to the end of paragraph (b) substitute “ may ”,

• (ii) after “caution”, where last occurring, insert “ or to give such other security as the sheriff thinks fit ”,

• (b) in subsection (5)(c), after “caution” insert “ or other security ”.

• (14) In section 75(3)(b) (duty to issue certificate of substitute guardian's appointment) of the 2000 Act, after “caution” insert “ or given other security ”.

• (15) After section 75 insert—

(75A) The personal representatives of a guardian who dies shall, if aware of the existence of the guardianship, notify the Public Guardian who shall— (a) notify— (i) the adult; (ii) the local authority; and (iii) in a case where the adult's incapacity is by reason of, or reasons which include, mental disorder and the guardianship order relates to the adult's personal welfare or factors including it, the Mental Welfare Commission; (b) enter prescribed particulars in the register maintained under section 6(2)(b)(iv); and (c) issue a new certificate of appointment— (i) to any surviving joint guardian; (ii) where the Public Guardian is satisfied that any substitute guardian appointed in respect of the dead guardian is willing to act and has found caution or given other security if so required, to the substitute guardian.

.

• (16) After section 79 insert—

(79A) Sections 57 to 79 apply in relation to a child who will become an adult within 3 months as they apply in relation to an adult; but no guardianship order made in relation to a child shall have effect until the child becomes an adult.

.

• (17) In paragraph 6 (application of 2000 Act to curator bonis, tutor-dative or tutor-at-law treated as guardian appointed under that Act) of schedule 4 to the 2000 Act—

• (a) in sub-paragraph (3), for the words from “to the period” to the end of that sub-paragraph substitute

— (a) in the case of a curator bonis who, under paragraph 1(2), became guardian to a person on the person attaining the age of 16 years, to the period of 2 years from the later of the following dates— (i) the date on which section 60(17) (which amends this paragraph) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) came into force; (ii) the date on which the person attained the age of 16 years, (b) in any other case, to the period of 2 years from the date on which section 60(17) (which amends this paragraph) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) came into force.

,

• (b) after sub-paragraph (3) insert—

(3A) A person who has become a guardian to an adult by virtue of this schedule and who was a curator bonis, tutor dative or tutor-in-law to that adult shall cease to be authorised to act as that adult's guardian— (a) where the person does not apply for renewal of guardianship within the 2 year period set by sub-paragraph (3), on the expiry of that period; (b) where— (i) the person applies for such a renewal within that period; and (ii) the sheriff refuses the application, on the date of refusal; (c) where— (i) the person applies for such a renewal within that period; and (ii) the sheriff grants the application, in accordance with the provisions of this Act. (3B) Sub-paragraph (3A) does not prevent the authority of a guardian of the type mentioned in that sub-paragraph from being terminated (by virtue of the terms on which the guardian is authorised to act or sections 71, 73, 75 or 79A) earlier than the date on which it would otherwise terminate by operation of that sub-paragraph. (3C) Where— (a) a person (“G”) who was a curator bonis, tutor dative or tutor-at-law to an adult becomes the adult's guardian by virtue of this schedule; and (b) another person is appointed under section 62 as an additional guardian to the adult before G's appointment as guardian has been renewed in accordance with the provisions of this Act, subsection (3A) applies in relation to the additional guardian as it applies in relation to G. (3D) The Public Guardian must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who— (a) is a guardian to an adult by virtue of this schedule; (b) was a curator bonis to that adult; and (c) has not applied for renewal of guardianship. (3E) A local authority must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who— (a) is a guardian to an adult residing within the local authority's area by virtue of this schedule; (b) was a tutor dative or tutor-in-law to that adult; and (c) has not applied for renewal of guardianship.

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Power to obtain records

61

After section 81 of the 2000 Act insert—

(81A) (1) The Public Guardian may, when carrying out an investigation under section 6(2)(c) or (d) or inquiries under section 30B(2)— (a) require any person falling within subsection (2) to provide the Public Guardian with— (i) the person's records of the exercise of the person's powers in relation to the adult to whom the investigation relates; and (ii) such other information relating to the exercise of those powers as the Public Guardian may reasonably require, (b) require any person who holds (or who has held) funds on behalf of the adult to whom the investigation relates to provide the Public Guardian with— (i) its records of the account; and (ii) such other information relating to those accounts as the Public Guardian may reasonably require. (2) A person falls within this subsection if the person is or has been— (a) a continuing attorney appointed by the adult to whom the investigation relates; (b) a withdrawer with authority to intromit with that adult's funds; (c) a person authorised under an intervention order to act in relation to that adult; or (d) that adult's guardian. (3) A fundholder may charge a reasonable fee for complying with a requirement under subsection (1)(b) and may recover that fee from the account concerned.

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Part 3 — Adult support etc.: miscellaneous amendments and repeals

Accommodation charges: removal of liability to maintain spouse and child etc.

62

• (1) In the National Assistance Act 1948 (c. 29)—

• (a) sections 42 and 43 are repealed, and

• (b) in section 65(f)—

• (i) after “expressed” insert “ in sections 22(2) to (8) and 26(2) to (4) of this Act ”,

• (ii) for the word “thereof” substitute “ of this Act ”.

• (2) In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49), for the words from “(as amended”, where first occurring, to “etc.)” substitute “ (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 ”.

• (3) In section 4(1)(b) of the Community Care and Health (Scotland) Act 2002 (asp 5), the words from “including” to the end of paragraph (b) are repealed.

Direct payments: sub-delegation to councils

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to help incapable adults to benefit from social services etc.

64

After section 13 of Social Work (Scotland) Act 1968 (c. 49) insert—

(13ZA) (1) Where— (a) a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and (b) it appears to the local authority that the adult is incapable in relation to decisions about the service, the local authority may take any steps which they consider would help the adult to benefit from the service. (2) Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part. (3) The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act. (4) Subsection (1) does not authorise a local authority to take steps if they are aware that— (a) there is a guardian or welfare attorney with powers relating to the proposed steps; (b) an intervention order has been granted relating to the proposed steps; or (c) an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps. (5) In this section— (a) “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000 (asp 4); (b) “adult” has the meaning given in section 1(6) of the 2000 Act; (c) “community care service” has the meaning given in section 5A of this Act; (d) “incapable” has the meaning given in section 1(6) of the 2000 Act; (e) “intervention order” is to be construed in accordance with section 53 of the 2000 Act”; (f) the reference to a guardian includes a reference to— (i) a guardian appointed under the 2000 Act; and (ii) a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland; (g) the reference to a welfare attorney includes a reference to— (i) a welfare attorney within the meaning of section 16 of the 2000 Act; and (ii) a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.

.

Adjustments between councils in relation to social services etc.

65

• (1) Section 86 (adjustments between local authority providing services and local authority of area of ordinary residence) of the Social Work (Scotland) Act 1968 (c. 49) is amended as follows—

• (a) in subsection (1)—

• (i) for “section”, where first occurring, substitute “ subsection ”,

• (ii) after paragraph (b) insert—

(ba) in making a payment under section 12B of this Act in relation to the provision of a service for a person ordinarily so resident; or

,

• (b) in subsection (3)—

• (i) after “child,”, where first occurring, insert “ any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ”,

• (ii) for the words from “hospital”, where first occurring, to “1978”, where second occurring, substitute “ health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) ”,

• (c) after subsection (3) insert—

(4) This subsection applies where a local authority (“the responsible authority”) performs a function under— (a) this Act; (b) Part II of the Children (Scotland) Act 1995 (c. 36); or (c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person. (5) Where subsection (4) applies— (a) any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and (b) any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section. (6) The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under— (a) this Act; (b) Part II of the Children (Scotland) Act 1995 (c. 36); or (c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13). (7) The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section). (8) Regulations made under subsection (6) or (7) of this section may— (a) make different provision for different cases and for different persons; (b) include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit. (9) Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament. (10) References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales.

.

• (2) In section 2 of the Community Care and Health (Scotland) Act 2002 (asp 5), for “section 87(2)” substitute “ sections 86 and 87(2) ”.

Application of Social Work (Scotland) Act 1968: persons outwith Scotland

66

After section 87 of the Social Work (Scotland) Act 1968 (c. 49) insert—

(87A) (1) The Scottish Ministers may make regulations modifying this Act in such manner as they think fit for the purposes of applying or disapplying any of its provisions in relation to persons placed in Scotland by virtue of arrangements made by— (a) a local authority in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man; (b) any other public body or office-holder exercising functions in relation to any other part of the United Kingdom, or any of the Channel Islands or the Isle of Man, as may be specified in the regulations. (2) Such regulations may— (a) make different provision for different cases and for different persons; (b) include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit. (3) Despite section 90(2) of this Act, no statutory instrument containing such regulations may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

.

Public Guardian: interaction with courts

67

After section 6(2)(d) of the Adults with Incapacity (Scotland) Act 2000 (asp 4), insert—

(da) to take part as a party in any proceedings before a court or to initiate such proceedings where he considers it necessary to do so to safeguard the property or financial affairs of an adult who is incapable for the purposes of this Act;

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Part 4 — Mental health: miscellaneous amendments and repeals

Review of determination extending compulsory treatment order

68

Section 101 (duty of Mental Health Tribunal to review determination extending compulsory treatment order) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is amended as follows—

• (a) for subsection (2)(b) substitute—

(b) the conditions in subsection (3) are satisfied in relation to the compulsory treatment order to which the determination relates,

,

• (b) after subsection (2) insert—

(3) The conditions mentioned in subsection (2)(b) above are— (a) that the order was made 2 or more years before the renewal day; (b) that this section did not require the Tribunal to review the previous determination made under section 86 of this Act in relation to the order; and (c) that, in the period of 2 years ending with the day before the renewal day, no application has been made to the Tribunal under section 92, 99, 95 or 100 in relation to the order. (4) In subsection (3) above, the renewal day is the first day on which the order, had it not been extended by the determination, would not authorise the measures specified in it.

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Compulsion orders: revocation

69

• (1) In section 183(5)(b)(ii) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) substitute—

(ii) either— (A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the compulsion order,

.

• (2) In section 184(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the compulsion order,

.

• (3) In section 188(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the compulsion order,

.

• (4) In section 193(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the compulsion order,

.

Hospital directions and transfer for treatment directions: revocation

70

• (1) For section 207(5)(b)(ii) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) substitute—

(ii) either— (A) that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the direction,

.

• (2) For section 208(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the direction,

.

• (3) For section 210(2)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the direction,

.

• (4) For section 212(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the direction,

.

• (5) For section 215(4)(b)(ii) of that Act substitute—

(ii) either— (A) that the conditions mentioned in paragraph (b) and (c) of section 206(4) of this Act continue to apply in respect of the patient; or (B) that it continues to be necessary for the patient to be subject to the direction,

.

Compulsory treatment orders and compulsion orders: cross-border transfer of patients etc.

71

• (1) Section 289 (cross-border transfer of patients subject to requirements other than detention) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is amended as follows—

• (a) in subsection (1)—

• (i) the words from “the”, where first occurring, to the end of the subsection become paragraph (a),

• (ii) at end insert—

(b) the reception in Scotland of a person subject to corresponding requirements in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands and removed from there.

,

• (b) in subsection (2), for “that provision is made” substitute “ provision is made by regulations under paragraph (a) of subsection (1) above ”,

• (c) after subsection (2) insert—

(2XA) Where provision is made by regulations under paragraph (a) of subsection (1) above, the regulations may make provision for exceptions to provisions included in them by virtue of subsection (2)(d). (2YA) Where provision is made by regulations under paragraph (b) of subsection (1) above, the regulations shall provide for the reception of persons to take place only if— (a) the managers of a hospital consent to the reception; and (b) those managers undertake to appoint an approved medical practitioner to be the person's responsible medical officer. (2ZA) Regulations under subsection (1) above may in particular— (a) make provision for things done under the law of a territory other than Scotland to be treated as things done under provisions of the law of Scotland, (b) confer powers and immunities on persons engaged in— (i) escorting persons being moved under the regulations; (ii) pursuing persons who have absconded while being so moved; (iii) restraining persons who have absconded, or attempt to abscond, while being so moved; (c) make provision amending provisions of this Act (other than this section) or any other enactment, or providing for any such provision or enactment to have effect with modification.

,

• (d) in subsection (2A), for “Subsection (2) above is” substitute “ Subsections (2) to (2ZA) above are ”,

• (e) after subsection (3) insert—

(4) For the purposes of subsection (1)(b) above, a person is subject to “corresponding requirements” in a territory if under the law of that territory the person is subject to measures corresponding or similar to a requirement imposed in relation to a person under section 66(1) of this Act or section 57A(8) of the 1995 Act, not being detention in a hospital.

.

• (2) In section 309 (patients from other jurisdictions) of that Act—

• (a) in subsection (1), after “to”, where third occurring, insert “ corresponding requirements or ”,

• (b) after subsection (2) insert—

(2A) The reference in subsection (1) above to persons subject to corresponding requirements shall be construed in accordance with section 289(4) of this Act.

.

• (3) In section 316(1)(c) (offence of inducing or assisting patient to abscond), after “section” insert “ 289 or ”.

• (4) In section 326(4)(c) (regulations subject to affirmative resolution) of that Act, after “286,” insert “ 289, ”.

Cross-border visits: leave of absence

72

• (1) After section 309 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), insert—

(309A) (1) Regulations may make provision for and in connection with the keeping in charge of a person who is subject to a corresponding suspension of detention in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands. (2) Those regulations may— (a) make provision applying sections 301 to 303 of this Act to such persons; (b) make such modifications of those sections in that application as the Scottish Ministers think fit. (3) A person is subject to a “corresponding suspension of detention” in a territory if under the law of that territory— (a) but for the leave of absence mentioned in paragraph (b), the person would be subject to measures corresponding or similar to detention in hospital authorised by virtue of this Act or the 1995 Act; and (b) the person has been granted a leave of absence subject to a condition corresponding or similar to the condition set out in section 127(6)(a) of this Act.

.

• (2) In section 326(4)(c) (regulations subject to affirmative resolution) of that Act, after “309,” insert “ 309A, ”.

Applications to the Mental Health Tribunal for Scotland

73

After paragraph 13 of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), insert—

(13A) For the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and 213(2)(a)(ii) and (b)(ii) of this Act, an application to the Tribunal which is withdrawn by the applicant before it is determined is to be treated as not having been made.

.

Mental Health Act 1983: repeal of power to return patients absent from hospital etc.

74

Sections 88 and 128 of the Mental Health Act 1983 (c. 20) are repealed.

Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995

75

The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows—

• (a) in section 144 (procedure at first diet)—

• (i) in subsection (1), after “section 145” insert “ or 145ZA ”,

• (ii) in subsection (9), after “section 145” insert “ , 145ZA ”,

• (b) after section 145 insert—

(145ZA) Where the accused is present at the first calling of a case in a summary prosecution the court may, where it makes an assessment order in respect of the accused, adjourn the case under this section for a period not exceeding 28 days without calling on the accused to plead to any charge against him; and the court may so adjourn the case for a further period not exceeding 7 days.

.

Part 5 — Final provisions

Ancillary provision

76

• (1) The Scottish Ministers may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitional, transitory or saving provision,

as they consider appropriate for the purposes of, or in consequence of, or for giving full effect to, any provision made by virtue of this Act.

• (2) An order under subsection (1) may modify any enactment, instrument or document.

Minor and consequential amendments and repeals

77

• (1) Schedule 1 contains minor and consequential amendments.

• (2) The enactments mentioned in the first column in schedule 2 are repealed to the extent specified in the second column.

Orders

78

• (1) Any power of the Scottish Ministers under this Act to make an order is exercisable by statutory instrument.

• (2) Any such power includes power to make different provision for different purposes.

• (3) Subject to subsection (4), a statutory instrument containing an order (other than an order made under section 79(3)) made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) A statutory instrument containing an order made under section 76 containing provisions which add to, replace or omit any part of the text of this or any other Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

Commencement

79

• (1) This Part (other than section 77) comes into force on Royal Assent.

• (2) Sections 64, 69 and 70 come into force on the day after Royal Assent.

• (3) Section 77, and the provisions of Parts 1 to 4 (except sections 64, 69 and 70), come into force on such day as the Scottish Ministers may by order appoint.

• (4) Such an order may also make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

Short title

80

This Act may be cited as the Adult Support and Protection (Scotland) Act 2007.

SCHEDULE 1

National Assistance Act 1948 (c. 29)

1

The National Assistance Act 1948 is amended as follows—

• (a) in section 26(4)—

• (i) for “Subsections (5A), (7) and (9)” substitute “ Subsection (5A) ”, and

• (ii) for “they apply” substitute “ it applies ”,

• (b) in section 51—

• (i) in subsection (1), for “, himself or any other person” substitute “ him ”,

• (ii) in subsection (3), after “conviction” insert “ to imprisonment for a term not exceeding 3 months. ”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

2

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—

• (a) in section 7(2)(a), for “1984” substitute “ 2003 ”,

• (b) in section 16—

• (i) in paragraph (b) of the definition of “mental disorder”, for the words “section 1(2) of the 1984 Act” substitute “ section 328 of the 2003 Act ”,

• (ii) in the definition of “State hospital”, for “1984” substitute “ 2003 ” .

Legal Aid (Scotland) Act 1986 (c. 47)

3

The Legal Aid (Scotland) Act 1986 is amended as follows—

• (a) in section 34(2), after the last paragraph insert—

(g) in pursuance of a requirement made under section 10(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).

,

• (b) in section 36(3)(bb)—

• (i) after “is” insert “ applying for an order under section 53(1), 57(1), 60(1), 62(1) or 63(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (in relation to himself or any other adult) or is otherwise ”,

• (ii) for “the Adults with Incapacity (Scotland) Act 2000 (asp 4)” substitute “ that Act ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

4

The Criminal Procedure (Scotland) Act 1995 is amended as follows—

• (a) in section 58(6)(d), for “person” substitute “ person's personal welfare which makes the same provision as the guardianship order which the court proposes to make under this section ”,

• (b) in section 58(7)—

• (i) after “order”, where first occurring, insert “ made under this section ”,

• (ii) for “offender” substitute “ person ” and for “offender's” substitute “ person's ”,

• (c) in section 60B, the words “under section 58(1) of this Act” are repealed.

Adults with Incapacity (Scotland) Act 2000 (asp 4)

5

The Adults with Incapacity (Scotland) Act 2000 is amended as follows—

• (a) in section 6(2)(b)(iii), for “to intromit” substitute “ relating to intromission ”,

• (b) in section 39(1)(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

• (c) in section 41(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

• (d) in section 47, after subsection (2) insert—

(2A) Subsection (2)— (a) does not affect any authority conferred by any other enactment or rule of law; and (b) is subject to— (i) the following provisions of this section; (ii) sections 49 and 50; and (iii) sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.

,

• (e) in section 87, after subsection (1) insert—

(1A) Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.

• (f) in paragraph 6(2) of schedule 2, after “carer” insert “ , his named person ”,

• (g) in paragraph 3(3) of schedule 3, for “18” substitute “ 20 ”,

• (h) for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

(3) Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c). (4) Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).

.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

6

In paragraph 3(1)(b) of schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “a minimum of three” substitute “ one or more ”.

SCHEDULE 2

Principles for performing Part 1 functions

Preliminary

Orders about incapable adults' nearest relatives

Powers of attorney

Accounts and funds

Intervention orders

Guardianship orders

Power to obtain records

Accommodation charges: removal of liability to maintain spouse and child etc.

Accommodation charges: removal of liability to maintain spouse and child etc.

Application of Social Work (Scotland) Act 1968: persons outwith Scotland

Review of determination extending compulsory treatment order

Hospital directions and transfer for treatment directions: revocation

Application of Social Work (Scotland) Act 1968: persons outwith Scotland

Cross-border visits: leave of absence

Cross-border visits: leave of absence

Applications to the Mental Health Tribunal for Scotland

National Assistance Act 1948 (c. 29)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Legal Aid (Scotland) Act 1986 (c. 47)

Criminal Procedure (Scotland) Act 1995 (c. 46)

Adults with Incapacity (Scotland) Act 2000 (asp 4)

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

Editorial notes

[^c1966281]: S. 79(3)(4): power partly exercised: 5.10.2007 appointed for specified provisions by {S.S.I. 2007/334}, art. 2

[^key-eb9e20170d0f4651a3f6b0cd37b537c2]: S. 71 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-545994768dd97b9991d1d207f67adaf8]: S. 72 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-ad18731bd43d5fae1a1180f9fcc7a907]: S. 73 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-4c7177c0c00e0eba260975be7947d4da]: S. 75 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-42a95007fdd08011c26a477ca655d518]: S. 77(1) in force at 30.6.2007 for specified purposes by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-e37a4c3694c92cdf80833f1127edd155]: Sch. 1 para. 2 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-7550afd9cb22b8fd48ed51eff72805a7]: Sch. 1 para. 6 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

[^key-7ec534d6cb6e18005d807164889df0f7]: S. 48 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-2bd4b23c3e622c57154a65c7ce1a0092]: S. 52 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-4d8a7f3fa1cd8eef33daf7aafb217274]: S. 53 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-a2f755de21142871b6f3450cb1c2e563]: S. 54 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-5ea3862fc639116a83b1d2e6d3ae2a17]: S. 55 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-5624843c134c3fc62506e9a2c0237167]: S. 57(1)(a)(b)(i)(c)(d)(2)(a) (b)(i)(c)(d)(4)-(6)(8)(9) in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 4)

[^key-043b6f0767a1491c7fe72ae67d10efb7]: S. 59(2)(3) in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-1a66216c2c9b2e94dbe43150fa25d9b3]: S. 60(7)(8)(10)(15)(17) in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 5)

[^key-7407ea1278851468f35d2e8866486c52]: S. 61 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 3)

[^key-be6821ee3c0939b680cbfc3e7e218b4a]: S. 62 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-d505b96b92583aec912b829bf0baa71e]: S. 63 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-fd5989a10c80c9cd799b466a23f8c5be]: S. 65 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-505724505bfcb42c4ab226a96a9f2366]: S. 67 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-8de05a9572525b3a1954e122d4cab210]: S. 68 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-d26c0fdbdc8311c8b1b83e9fbe69c35a]: S. 77(1)(2) in force at 5.10.2007 for specified purposes by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-7e72106a9509142fa92f76de0ac5e94f]: Sch. 1 para. 1 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-06d04df11b2ce2d181b4eb569a52f70b]: Sch. 1 para. 3(b) in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-9af6d57c29a7a23245f783a2451bbdbd]: Sch. 1 para. 4 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-803367c3980756193e48f055db99b035]: Sch. 1 para. 5 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-57ff3197ac6aafd6adef2cc12d200dfe]: Sch. 2 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 6)

[^key-d6bb97daef4f541dce036aaba52c3ae9]: S. 56 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2

[^key-2e4e73f71b386a13cbab1ad01c336561]: S. 57(1)(b)(ii)(iii)(2)(b)(ii)(2)(b)(iii)(3)(7) in force at 1.4.2008 by S.S.I. 2008/49, art. 2(1)

[^key-c75d311bb2a2873462de5565b141af80]: S. 59(1) in force at 1.4.2008 by S.S.I. 2008/49, art. 2(1)

[^key-5f92e5c350c15f13d11b4693dcaa869c]: S. 60(1)-(6)(9)(11)-(14)(16) in force at 1.4.2008 by S.S.I. 2008/49, art. 2(1)

[^key-e5fb5d6b6573248dd9537e05f51cb856]: S. 58 in force at 1.4.2008 by S.S.I. 2008/49, art. 2(1) (with arts. 3, 4)

[^key-f51a6169b1ca811d54d65d70b61aa622]: S. 1 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-1549ba821a07abf068907b2f8fef46c1]: S. 2 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-fdb194cb5ae4fb1f91ef62e7301443ea]: S. 3 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-8a23008724248c6583cbeb23733680d6]: S. 4 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-8bd03f8c438a44445e0ed8bae6457c4e]: S. 5 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-7e4ab1eca335b1ee2a118c549cd28586]: S. 6 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-0ba32bffd87d6b35564af571a7f633fe]: S. 7 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-fea5c379b4f0a8d6f06709385727cdf9]: S. 8 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-998963d06d9ff4b64f2e435b63f6e989]: S. 9 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-712dbccdf97dc9058f21489b6252ea33]: S. 10 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-43221e2d6429736fc3078fb3a42c1754]: S. 11 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-eb01606a0ff573146e842eebf55f1632]: S. 12 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-04fbd6ed26ebff8a96acef1c9b64a167]: S. 13 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-2e50bc5b0302f0a60dcb4229a2f00d78]: S. 14 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-afb4be23a4066dfe85d4da32491277b5]: S. 15 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-52860298de4cc05ee2987a00c255e6c5]: S. 16 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-db6836cf37fcbd276d48a708356a229d]: S. 17 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-ca89573075648f342ba9a36406f97f9a]: S. 18 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-75a2a5ef550ae9937ada9a9fca74f755]: S. 19 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-ed96e11d4857b5801a15eb5d58c49e58]: S. 20 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-67a9c42c441d8f7548860926c02b5a4d]: S. 21 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-bd763d50057a5b40fe44bb7ab8c0cdc4]: S. 22 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-cd1e4f440dd3cc05ba42b10ce497cb2f]: S. 23 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-038eeec64c4792b2a601c7f979a40938]: S. 24 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-e751890e00ddd4615aa20e5732b51307]: S. 25 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-692f659a8e6ca897e7fb4589e7b2cbb3]: S. 26 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-0d8c47e859ab19cbc5ea79b855ea4b3b]: S. 27 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-fceb2456d428b5a028094ff30b7fb08a]: S. 28 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-65a4960b2930ba846dc70638ee0964cb]: S. 29 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-fab0616fc86f6363637f65ccbc228a3f]: S. 32 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-5c07809d40a3dc0e69e881de28cdac0d]: S. 33 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-ea2fee8ee44c75a84abf082bc3484d93]: S. 34 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-5a5be06a1079e111be142715c07599c5]: S. 35 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-a8d9a46fcf7405a1afc279813b27c1a3]: S. 36 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-bbbfd72458e8962113b40ffeeb80219a]: S. 37 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-19d6dfec8238025e524d0caac4ac6833]: S. 38 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-82b812599afb82b69a2418bb26ed89f3]: S. 39 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-330aac007ebbf11eb91b679d2ea00044]: S. 40 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-665e873643d89185756df300ec572e05]: S. 41 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-ae3c369d89555336225d398331109cd4]: S. 42 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-0f97fecb446b96cbff1a0820716dc8b1]: S. 43 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-da60ab0ecad8d6b79557ccdd16b04b3e]: S. 44 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-e3b62f6bd43c55a6f6846003c1673be2]: S. 45 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-4d13b55633eeb77fbeaee1fc04e6d003]: S. 46 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-601c2fc0412239e43cf4832bb0655649]: S. 47 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-c59a153a2510c10940c0459fbd9825ba]: S. 49 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-83c3b2b26a301e5098203c1611f7d24d]: S. 50 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-d3814da7a7566baea30c161e9d5be604]: S. 51 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-95aa71bb1250f8e1debffac6944edf1a]: S. 77 in force at 29.10.2008 in so far as not already in force by S.S.I. 2008/314, art. 2

[^key-7c72397981a55affcfe74acf84992e8a]: Sch. 1 para. 3(a) in force at 29.10.2008 by S.S.I. 2008/314, art. 2

[^key-c361ff220e53f4a36824923cc67bc0df]: Sch. 2 in force at 29.10.2008 in so far as not already in force by S.S.I. 2008/314, art. 2

[^key-a594d888f9671ab877f6a41b991699b5]: S. 74 in force at 3.11.2008 by S.S.I. 2008/49, art. 2(2)(a)

[^key-8183aae71b74a4fe51fde48cf9b270a1]: S. 5(1)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 20; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-5c91707bec4757c39ef7a68b1ee3a258]: S. 42(3)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 21; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-cfcc28c90426168ef000f27313d5fdf7]: Word in s. 43(2) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 22(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-5e41c66cade3a7e213a072565506a16e]: Word in s. 43(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 22(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-edda3f85aa73a7c68bc7e59e688e02fb]: Word in s. 44(2)(c) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 23; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-995ed5d56543fe34068147bf8d4c86b6]: Word in s. 45(2)(d) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 24; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-0100224338b5d620f87663ab19ef88cb]: Word in s. 46(b)(v) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 25; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-31f31b716a6438dde99d407b92ac5a8e]: Words in s. 53(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 26(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-7c3ea57398a124bf87225215367fc702]: Words in s. 53(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 26(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-0429c56590c5f13df856a64ebe82024f]: S. 5(1)(ba) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 35(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-e538e56a441e8f2ed8813a53b4f77147]: S. 42(3)(ba) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 35(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-e1e1e82a210d4bbe3f1a78201b79dc73]: 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

[^key-898c99b65ca69415e1b6318884f9a44e]: S. 5(1)(e) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 35(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-cb4b7c53c9b6eab58123dc9f04812fef]: Words in s. 27(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 35(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-0e439d112bafa14172fcb67cb22e2b0c]: S. 42(3)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 35(4); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-40cb10be916386024e81bf1fe9a6789f]: S. 63 repealed (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, Sch. Pt. 1 (with art. 3)

[^key-02fe552d21f16bf869b4be4835febd5c]: S. 28(2) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 6(2)