| Guvnor

Enforced by: Care Inspectorate
Status: Amended (in force with amendments)

What it defines

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Protection of adults at risk of harm

0 of 55 sections shown

55 other sections in this Part — procedural and definitional

s.001 General principle on intervention in an adult's affairs

s.002 Principles for performing Part 1 functions

s.003 Adults at risk

s.004 Council's duty to make inquiries

s.005 Co-operation

s.005 Disclosure of information by and to certain health care services

s.006 Duty to consider importance of providing advocacy and other services

s.007 Visits

s.008 Interviews

s.009 Medical examinations

s.010 Examination of records etc.

s.011 Assessment orders

s.012 Criteria for granting assessment order

s.013 Restriction on exercise of assessment order

s.014 Removal orders

s.015 Criteria for granting removal order

s.016 Right to move adult at risk

s.017 Variation or recall of removal order

s.018 Protection of moved person's property

s.019 Banning orders

s.020 Criteria for granting banning order

s.021 Temporary banning orders

s.022 Right to apply for banning order

s.023 Banning orders: occupancy rights of adult at risk

s.024 Variation or recall of banning order

s.025 Powers of arrest

s.026 Notification to adult at risk etc.

s.027 Notification to police

s.028 Arrest for breach of banning order

s.029 Police duties after arrest

s.030 Notification of detention

s.031 Duty to keep record of detention

s.032 Duty to bring detained person before sheriff

s.033 Information to be presented to sheriff

s.034 Criteria for authorising longer detention

s.035 Consent of adult at risk

s.036 Visits: supplementary provisions

s.037 Warrants for entry

s.038 Criteria for granting warrants for entry: section 7 visits

s.039 Duty to grant warrants for entry: removal orders

s.040 Urgent cases

s.041 Applications: procedure

s.042 Adult Protection Committees

s.043 Membership

s.044 Committee procedure

s.045 Duty to provide information to the Committee

s.045 Disclosure of information to the Committee by certain health care services

s.046 Biennial Report

s.047 Guidance

s.048 Code of practice

s.049 Obstruction

s.050 Offences by bodies corporate etc.

s.051 Appeals

s.052 Persons authorised to perform functions under this Part

s.053 Interpretation of Part 1

Part 2

Adults with incapacity

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.054 Preliminary

s.055 Applications and proceedings: sheriff to consider adult's wishes and feelings

s.056 Orders about incapable adults' nearest relatives

s.057 Powers of attorney

s.058 Accounts and funds

s.059 Intervention orders

s.060 Guardianship orders

s.061 Power to obtain records

Part 3

Adult support

0 of 6 sections shown

6 other sections in this Part — procedural and definitional

s.062 Accommodation charges: removal of liability to maintain spouse and child etc.

s.063 Direct payments: sub-delegation to councils

s.064 Power to help incapable adults to benefit from social services etc.

s.065 Adjustments between councils in relation to social services etc.

s.066 Application of Social Work (Scotland) Act 1968: persons outwith Scotland

s.067 Public Guardian: interaction with courts

Part 4

Mental health: miscellaneous amendments and repeals

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.068 Review of determination extending compulsory treatment order

s.069 Compulsion orders: revocation

s.070 Hospital directions and transfer for treatment directions: revocation

s.071 Compulsory treatment orders and compulsion orders: cross-border transfer of patients etc.

s.072 Cross-border visits: leave of absence

s.073 Applications to the Mental Health Tribunal for Scotland

s.074 Mental Health Act 1983: repeal of power to return patients absent from hospital etc.

s.075 Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995

Part 5

Final provisions

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.076 Ancillary provision

s.077 Minor and consequential amendments and repeals

s.078 Orders

s.079 Commencement

s.080 Short title

Schedules

0 of 6 shown

6 other schedules

s.sch001 The National Assistance Act 1948 is amended as follows—

s.sch001 The Disabled Persons (Services, Consultation and Representation) Act 1986 is...

s.sch001 The Legal Aid (Scotland) Act 1986 is amended as follows—...

s.sch001 The Criminal Procedure (Scotland) Act 1995 is amended as follows—...

s.sch001 The Adults with Incapacity (Scotland) Act 2000 is amended as...

s.sch001 In paragraph 3(1)(b) of schedule 1 to the Mental Health...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.