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Adult Support and Protection (Scotland) Act 2007

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This is the original version (as it was originally enacted).

40Urgent cases

This section has no associated Explanatory Notes

(1)A council which believes that the circumstances set out in subsection (2) have arisen may apply to a justice of the peace instead of the sheriff for—

(a)a removal order, or

(b)a warrant for entry in respect of a visit under section 7.

(2)Those circumstances are—

(a)that it is not practicable to apply to the sheriff, and

(b)that an adult at risk is likely to be harmed if there is any delay in granting such an order or warrant.

(3)A justice of the peace may grant a removal order only if satisfied, by evidence on oath—

(a)that the circumstances set out in subsection (2) have arisen, and

(b)as to the matter set out in section 15(1).

(4)Subsections (3) to (7) of section 41 do not apply in relation to an application to a justice of the peace for a removal order.

(5)A justice of the peace who grants a removal order must also grant a warrant for entry in relation to a visit under section 16.

(6)A justice of the peace may grant a warrant for entry in relation to a visit under section 7 only if satisfied, by evidence on oath—

(a)that the circumstances set out in subsection (2) have arisen, and

(b)as to either of the matters set out in section 38(2).

(7)A removal order granted under this section must—

(a)despite section 14(1)(a), specify a period of 12 hours beginning when the order is made as the period within which the person specified in the order may be moved in pursuance of the order, and

(b)specify a period of no longer than 24 hours as the period within which the order is to have effect.

(8)Despite section 37(2)(a), a warrant for entry granted under this section expires 12 hours after it is granted.

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