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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 1, Transitional Provision and Savings) Order 2007 No. 334 (C.28) URL: http://www.bailii.org/scot/legis/num_reg/2007/20070334.html |
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| Made | 20th June 2007 |
Appointed days
2.
The days appointed for the coming into force of the following provisions of the Act are–
Transitional provision
3.
Until the coming into force of section 58, for the reference to section 30B(2) of the 2000 Act in the new section 81A of that Act, inserted by the commencement of section 61 (as provided for in article 2(b) of and Schedule 2 to this Order), substitute reference to section 30(2)(a) of the 2000 Act.
Savings
4.
Despite the coming into force (as provided for in article 2(b) of and Schedule 2 to this Order) of the amendments to sections 15(3) and 16(3) of the 2000 Act in section 57(1)(a) and (2)(a), those sections shall continue to have the effect on or after 5th October 2007 as they had effect immediately before that date in relation to continuing and welfare powers of attorney signed before that date.
5.
Despite the coming into force (as provided for in article 2(b) of and Schedule 2 to this Order) of the amendments to section 70 of the 2000 Act in section 60(8), that section shall continue to have effect on or after 5th October 2007 as it had effect immediately before that date in relation to applications made by a guardian to a sheriff before that date and not determined before that date.
6.
Despite the coming into force (as provided for in article 2(b) of and Schedule 2 to this Order) of the repeal of section 142 of the Mental Health Act 1983[3] in section 77(1) and Schedule 2, section 142 shall continue to have effect in relation to periodic payments where the first of those payments was made before 5th October 2007.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
20th June 2007
| Column (1) | Column (2) |
| Provision of the Act | Subject matter |
| Section 71 | Compulsory treatment orders and compulsion orders: cross border transfer of patients etc. |
| Section 72 | Cross border visits: leave of absence. |
| Section 73 | Applications to the Mental Health Tribunal for Scotland. |
| Section 75 | Assessment orders: amendment of Criminal Procedure (Scotland) Act 1995[4]. |
| Section 77(1) in so far as it relates to the provisions of Schedule 1 to the Act mentioned below | Minor and consequential amendments and repeals. |
| Schedule 1 paragraphs 2 and 6 | Minor and consequential amendments relating to the Disabled Persons (Services, Consultation and Representation) Act 1986[5] and the Mental Health (Care and Treatment) (Scotland) Act 2003[6]. |
| Column (1) | Column (2) |
| Provision of the Act | Subject matter |
| Section 48 | Code of Practice. |
| Section 52 | Persons authorised to perform functions under this Part. |
| Section 53 | Interpretation of Part 1. |
| Section 54 | Preliminary. |
| Section 55 | Applications and proceedings: sheriff to consider adult's wishes and feelings. |
| Section 56 | Orders about incapable adults' nearest relatives. |
| Section 57, with the exception of sub paragraphs (1)(b)(ii) and (iii), 2(b)(ii) and (iii) and subsections (3) and (7) | Powers of attorney. |
| Section 59(2) and (3) | Intervention orders. |
| Section 60(7), (8), (10), (15) and (17) | Guardianship orders. |
| Section 61 | Power to obtain records. |
| Section 62 | Accommodation charges: removal of liability to maintain spouse and child etc. |
| Section 63 | Direct payments: sub-delegation to councils. |
| Section 65 | Adjustments between councils in relation to social services etc. |
| Section 67 | Public Guardian: interaction with courts. |
| Section 68 | Review of determination extending compulsory treatment order. |
| Section 77(1) and (2) in so far as they relate to the provisions of Schedules 1 and 2 mentioned below | Minor and consequential amendments and repeals. |
| Schedule 1, paragraphs 1, 3(b), 4 and 5 | Minor and consequential amendments relating to the National Assistance Act 1948[7], the Legal Aid (Scotland) Act 1986[8], the Criminal Procedure (Scotland) Act 1995[9] and the 2000 Act. |
| Schedule 2 in so far as it relates to the National Assistance Act 1948[10] (with the exception of section 47 of that Act), the Solicitors (Scotland) Act 1980[11], section 142 of the Mental Health Act 1983, the Law Reform (Parent and Child) (Scotland) Act 1986[12], the 2000 Act and the Courts Act 2003[13] | Repeals relating to the National Assistance Act 1948, the Solicitors (Scotland) Act 1980, the Mental Health Act 1983, the Law Reform (Parent and Child) (Scotland) Act 1986, the 2000 Act and the Courts Act 2003. |
Article 3 provides that the new section 81A (Public Guardian's power to obtain records) of the 2000 Act is to be read as referring to section 30(2)(a) of the 2000 Act (power of the Public Guardian to make inquiries) until the coming into force of the new section 30B(2).
Article 4 saves the validity of continuing and welfare powers of attorney signed before 5th October 2007.
Article 5 saves the competence of an application made before 5th October 2007 to a sheriff by a guardian to make an order ordaining any other person named in that order (other than the incapable adult) to implement the decision of the guardian.
Article 6 saves the effect of section 142 of the Mental Health Act 1983 so that that provision continues to apply to periodic payments already being made under that section.