UK Act of Parliament 2007 Scotland

Adult Support and Protection (Scotland) Act 2007

Read the Act on legislation.gov.uk

Enforced by: Care Inspectorate
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 1 of 23 obligations carry a fine up to £1,000. 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3

Plus 20 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

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

22 of 55 sections shown

s.002 Principles for performing Part 1 functions Regulated

Other duties (1) — Crown / regulator

Have regard to adult's wishes and wellbeing when performing Part 1 functionsLocal authority

s.004 Council's duty to make inquiries Regulated

Other duties (1) — Crown / regulator

Council must make inquiries about adults at riskLocal authority

s.005 Co-operation Regulated

Other duties (1) — Crown / regulator

Public bodies must cooperate on adult protection and report at-risk adultsCrown / Minister / Government department

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

Other duties (1) — Crown / regulator

Council must consider advocacy and other services when interveningLocal authority

s.018 Protection of moved person's property Regulated

Other duties (1) — Crown / regulator

Council must protect property of person moved under a removal orderLocal authority

s.022 Right to apply for banning order Regulated

Other duties (1) — Crown / regulator

Council must apply for banning order to protect at-risk adultLocal authority

s.026 Notification to adult at risk etc. Regulated

Other duties (1) — Crown / regulator

Applicant must deliver banning order copy to adult and interested personsLocal authority

s.027 Notification to police Regulated

Other duties (1) — Crown / regulator

Notify Police Service of Scotland of banning ordersLocal authority

s.029 Police duties after arrest Regulated

Other duties (1) — Crown / regulator

Police must detain people arrested under s28 and report to the procurator fiscalCrown / Minister / Government department

s.032 Duty to bring detained person before sheriff Regulated

Other duties (1) — Crown / regulator

Council officer must bring detained adult before sheriff on next court dayLocal authority

s.033 Information to be presented to sheriff Regulated

Other duties (1) — Crown / regulator

Fiscal must present a full petition to sheriff for longer detentionCrown / Minister / Government department

s.035 Consent of adult at risk Regulated

Respect an adult at risk's refusal of consent before carrying out a protection orderAny Person

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

Other duties (1) — Crown / regulator

Sheriff must grant entry warrant when granting assessment orderTribunal / Court

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

Other duties (1) — Crown / regulator

Sheriff must grant warrant for entry with removal orderTribunal / Court

s.042 Adult Protection Committees Regulated

Other duties (1) — Crown / regulator

Councils must establish an Adult Protection CommitteeLocal authority

s.043 Membership Regulated

Other duties (1) — Crown / regulator

Council must appoint members of its Adult Protection CommitteeLocal authority

s.044 Committee procedure Regulated

Other duties (1) — Crown / regulator

Committee must set procedures allowing specified representatives to attendLocal authority

s.045 Duty to provide information to the Committee Regulated

Other duties (1) — Crown / regulator

Public bodies must provide information to Adult Protection CommitteeCrown / Minister / Government department

s.046 Biennial Report Regulated

Other duties (1) — Crown / regulator

Convener must produce a biennial Adult Protection Committee reportLocal authority

s.047 Guidance Regulated

Other duties (1) — Crown / regulator

Councils and Adult Protection Committees must consider Scottish Ministers' guidanceLocal authority

s.048 Code of practice Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must prepare, review, consult on and publish adult protection code of practiceCrown / Minister / Government department

s.049 Obstruction Prosecution

Obstruct adult protection officer or fail to comply with requirementAny Person

Fine up to £1,000

33 other sections in this Part — procedural and definitional

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

s.003 Adults at risk

s.005 Disclosure of information by and to certain health care 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.019 Banning orders

s.020 Criteria for granting banning order

s.021 Temporary banning orders

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

s.024 Variation or recall of banning order

s.025 Powers of arrest

s.028 Arrest for breach of banning order

s.030 Notification of detention

s.031 Duty to keep record of detention

s.034 Criteria for authorising longer detention

s.036 Visits: supplementary provisions

s.037 Warrants for entry

s.040 Urgent cases

s.041 Applications: procedure

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

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

1 of 8 sections shown

s.058 Accounts and funds Regulated

Only allow account operations authorised by withdrawal certificateAny Person

7 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.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

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.