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(1)The sheriff may vary or recall a removal order if satisfied that the variation or recall is justified by a change in the facts or circumstances in respect of which the order was granted or, as the case may be, last varied.
(2)A removal order may not be varied so as to authorise the council to do anything after the day which falls 7 days after the day on which the adult at risk to whom the order relates is moved in pursuance of the order.
(3)Where an adult at risk has been moved from any place in pursuance of a removal order which is recalled, the sheriff may direct the council to—
(a)return the adult to that place, or
(b)take the adult to any other place which the sheriff, having regard to the adult’s wishes, may specify.
(4)A removal order may be varied or recalled only on the application of—
(a)the adult at risk to whom the order relates,
(b)any person who has an interest in the adult at risk’s well-being or property, or
(c)the council.
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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.
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