Search Legislation

Adult Support and Protection (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: SCHEDULE 1

 Help about opening options

Version Superseded: 05/10/2007

Alternative versions:

Status:

Point in time view as at 30/06/2007. This version of this schedule contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Adult Support and Protection (Scotland) Act 2007, SCHEDULE 1. Help about Changes to Legislation

SCHEDULE 1SMinor and consequential amendments

(introduced by section 77(1))

This schedule has no associated Explanatory Notes

Valid from 05/10/2007

National Assistance Act 1948 (c. 29)S

1SThe National Assistance Act 1948 is amended as follows—

(a)in section 26(4)—

(i)for “Subsections (5A), (7) and (9)” substitute “ Subsection (5A) ”, and

(ii)for “they apply” substitute “ it applies ”,

(b)in section 51—

(i)in subsection (1), for “, himself or any other person” substitute “ him ”,

(ii)in subsection (3), after “conviction” insert “ to imprisonment for a term not exceeding 3 months. ”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)S

2SThe Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—

(a)in section 7(2)(a), for “1984” substitute “ 2003 ”,

(b)in section 16—

(i)in paragraph (b) of the definition of “mental disorder”, for the words “section 1(2) of the 1984 Act” substitute “ section 328 of the 2003 Act ”,

(ii)in the definition of “State hospital”, for “1984” substitute “ 2003 ” .

Commencement Information

I1Sch. 1 para. 2 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

Valid from 05/10/2007

Legal Aid (Scotland) Act 1986 (c. 47)S

3SThe Legal Aid (Scotland) Act 1986 is amended as follows—

(a)in section 34(2), after the last paragraph insert—

(g)in pursuance of a requirement made under section 10(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).,

(b)in section 36(3)(bb)—

(i)after “is” insert “ applying for an order under section 53(1), 57(1), 60(1), 62(1) or 63(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (in relation to himself or any other adult) or is otherwise ”,

(ii)for “the Adults with Incapacity (Scotland) Act 2000 (asp 4)” substitute “ that Act ”.

Valid from 05/10/2007

Criminal Procedure (Scotland) Act 1995 (c. 46)S

4SThe Criminal Procedure (Scotland) Act 1995 is amended as follows—

(a)in section 58(6)(d), for “person” substitute “ person's personal welfare which makes the same provision as the guardianship order which the court proposes to make under this section ”,

(b)in section 58(7)—

(i)after “order”, where first occurring, insert “ made under this section ”,

(ii)for “offender” substitute “ person ” and for “offender's” substitute “ person's ”,

(c)in section 60B, the words “under section 58(1) of this Act” are repealed.

Valid from 05/10/2007

Adults with Incapacity (Scotland) Act 2000 (asp 4)S

5SThe Adults with Incapacity (Scotland) Act 2000 is amended as follows—

(a)in section 6(2)(b)(iii), for “to intromit” substitute “ relating to intromission ”,

(b)in section 39(1)(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

(c)in section 41(a), after “(c.4)” insert “ , the State Pensions Credit Act 2002 (c. 16) ”,

(d)in section 47, after subsection (2) insert—

(2A)Subsection (2)—

(a)does not affect any authority conferred by any other enactment or rule of law; and

(b)is subject to—

(i)the following provisions of this section;

(ii)sections 49 and 50; and

(iii)sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.,

(e)in section 87, after subsection (1) insert—

(1A)Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.

(f)in paragraph 6(2) of schedule 2, after “carer” insert “ , his named person ”,

(g)in paragraph 3(3) of schedule 3, for “18” substitute “ 20 ”,

(h)for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

(3)Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).

(4)Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c)..

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)S

6SIn paragraph 3(1)(b) of schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “a minimum of three” substitute “ one or more ”.

Commencement Information

I2Sch. 1 para. 6 in force at 30.6.2007 by S.S.I. 2007/334, art. 2(a), Sch. 1

Back to top

Options/Help