(1)For the purposes of this Act, a “protected adult” is an individual aged 16 or over who is provided with—
(a)a service by a person carrying on—
(i)a support service,
(ii)an adult placement service,
(iii)a care home service, or
(iv)a housing support service,
which is registered under [F1 Part 5 of the 2010 Act ],
(b)a prescribed service—
(i)by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c. 29),
(ii)which is secured by a health body acting in exercise of such functions,
(iii)by an independent hospital,
(iv)by a private psychiatric hospital,
(v)by an independent clinic, or
(vi)by an independent medical agency,
(c)a community care service—
(i)provided or secured by a council under the Social Work (Scotland) Act 1968 (c. 49) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or
(ii)in respect of which a council has made a direct payment, or
(d)a prescribed welfare service.
(2)Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.
(3)Expressions used in [F2—
(a)paragraph (a) of subsection (1) have the same meaning as in schedule 12 to the 2010 Act,
(b)paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,]
[F3(c)paragraph (b)(iii) to (vi) of that subsection have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c. 29).]
(4)In subsection (1)(c)—
“community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),
“direct payment” [F4 has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 ].
(5)In subsection (1)(d), “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.
Textual Amendments
F1Words in s. 94(1)(a) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F2Words in s. 94(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F3S. 94(3)(c) added (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(d); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F4Words in s. 94(4) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, Sch. Pt. 3 (with art. 3)
Commencement Information
I1S. 94(1)(a)(c)(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I2S. 94(1)(b)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I3S. 94(1)(b)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)