(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,
[F2(iia)by, or which is secured by, a person to whom such functions are delegated by a Health Board in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]
(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
[F3(ia)provided or secured by a person to whom a function conferred by either of those Acts is delegated by a council in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]
(ii)in respect of which F4... a direct payment, or [F5is made by a council or a person to whom functions are delegated by a council in pursuance of an integration scheme under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014 (or by another person acting under the direction of the person to whom functions are delegated)]
(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 [F6—
(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,]
[F7(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” [F8 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.
F2S. 94(1)(b)(iia) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(a)
F3S. 94(1)(c)(ia) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(i)
F4Words in s. 94(1)(c)(ii) repealed (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(ii)
F5Words in s. 94(1)(c)(ii) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(iii)
F6Words 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.
F7S. 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.
F8Words 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)