Search Legislation

Adult Support and Protection (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

53Interpretation of Part 1

This section has no associated Explanatory Notes

(1)In this Part—

  • “adult” means an individual aged 16 or over,

  • “adult at risk” has the meaning given by section 3,

  • “Adult Protection Committee” means a committee established under section 42,

  • “assessment order” has the meaning given by section 11,

  • “attorney” means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)),

  • “banning order” has the meaning given by section 19,

  • “Care Commission” means the Scottish Commission for the Regulation of Care,

  • “child” means an individual under the age of 16,

  • “conduct” includes neglect and other failures to act,

  • “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and references to a council in relation to any person known or believed to be an adult at risk are references to the council for the area which the person is for the time being in,

  • “council officer” means an individual appointed by a council under section 64 of the Local Government (Scotland) Act 1973 (c. 65) (but “council officer” must, where relevant, also be interpreted in accordance with any order made under section 52(1)),

  • “court day” means a day which is not—

    (a)

    a Saturday,

    (b)

    a Sunday, or

    (c)

    a court holiday prescribed for the relevant court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46),

  • “doctor” means a fully registered person within the meaning of the Medical Act 1983 (c. 54),

  • “fiscal” means the procurator fiscal,

  • “harm” includes all harmful conduct and, in particular, includes—

    (a)

    conduct which causes physical harm,

    (b)

    conduct which causes psychological harm (for example: by causing fear, alarm or distress),

    (c)

    unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion),

    (d)

    conduct which causes self-harm,

  • “health professional” has the meaning given by section 52(2),

  • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery,

  • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),

  • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing,

  • “officer in charge” has the meaning given by section 29(1)

  • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36),

  • “prescribed” means prescribed by rules of court,

  • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),

  • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council’s area,

  • “removal order” has the meaning given by section 14,

  • “specified”, in relation to any order or warrant, means specified in the order or warrant,

  • “temporary banning order” has the meaning given by section 21,

  • “visit” has the meaning given by subsection (2),

  • “warrant for entry” has the meaning given by section 37.

(2)References in this Part to visiting any place are, unless the contrary intention appears, to be read as references to a council officer exercising a right of entry conferred by section 7, 16 or 18 (including any such right which is authorised by a warrant for entry).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources