- Latest available (Revised)
- Original (As enacted)
iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/asp/2007/10/schedules
There are currently no known outstanding effects for the Adult Support and Protection (Scotland) Act 2007.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(introduced by section 77(1))
1SThe 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. ”.
Commencement Information
I1Sch. 1 para. 1 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
2SThe 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 ” .
Commencement Information
I2Sch. 1 para. 2 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1
3SThe 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 ”.
Commencement Information
I3Sch. 1 para. 3(a) in force at 29.10.2008 by S.S.I. 2008/314, art. 2
I4Sch. 1 para. 3(b) in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
4SThe 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.
Commencement Information
I5Sch. 1 para. 4 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
5SThe 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).”.
Commencement Information
I6Sch. 1 para. 5 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
6SIn 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 ”.
Commencement Information
I7Sch. 1 para. 6 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1
(introduced by section 77(2))
Commencement Information
I8Sch. 2 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 6)
I9Sch. 2 in force at 29.10.2008 in so far as not already in force by S.S.I. 2008/314, art. 2
| Enactment | Extent of repeal |
|---|---|
| National Assistance Act 1948 (c. 29) | Section 47. In section 48(1), paragraph (c) and the word “or” which immediately precedes it. In section 48(3), the words “, or from any person who for the purposes of this Act is liable to maintain him,”. In section 50(4), the words from “or” to “death”. In section 51(1), the words “or any person whom he is liable to maintain for the purposes of this Act”. In section 51(2), the words “or any other person”. In section 51(3), paragraphs (a) and (b). |
| National Assistance (Amendment) Act 1951 (c. 57) | The whole Act. |
| Solicitors (Scotland) Act 1980 (c. 46) | In section 24F(1), paragraph (b). In section 24G(4), the words “or (b)” and the words “or, as the case may be, on the curator bonis being discharged”. |
| Mental Health Act 1983 (c. 20) | Section 142. In section 146, the words from “88” to “138)” and the words from “128” to “guardianship)”. |
| Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) | Paragraph 5 of Schedule 1. |
| Adults with Incapacity (Scotland) Act 2000 (asp 4) | In section 47(2), the words from the beginning to “the 2003 Act,” and the word “the”, where eighth occurring. Section 47(8). Paragraphs 4 and 26(4) of schedule 5. |
| Courts Act 2003 (c. 39) | Paragraph 80 of Schedule 8. |
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Different options to open legislation in order to view more content on screen at once
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.