Search Legislation

Adult Support and Protection (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).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

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 Executive department responsible for the subject matter of the Act 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