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Criminal Justice (Scotland) Act 2016

Chapter 2 - Support for Vulnerable Persons
Section 98– Meaning of appropriate adult support

248.Section 98 provides for the purposes of this Chapter a definition of “appropriate adult services.”

249.Subsection (1)(a) provides that “appropriate adult support” means the support as currently set out in section 42 of the Act (i.e. communication support to those who are unable to effectively understand or communicate as a result of a mental disorder).

250.Subsection (1)(b) provides that Scottish Ministers may specify by regulations, the availability of such other support for vulnerable persons. Subsection (2) provides for matters which the Scottish Ministers may consider specifying when making regulations under subsection 1(b) for the purposes of providing such other support to vulnerable persons. Subsection (2) provides flexibility should appropriate adult support be made available to others (for example, the roll-out of such services to non-suspects who are nevertheless connected to a criminal investigation (for example victims and witnesses).

251.Subsection (3) provides definitions for “vulnerable person” and “mental disorder” for the purposes of this Chapter which are consistent with the definitions in section 42 of the Act.

252.Subsection (4) provides that Scottish Ministers may by regulations amend the definitions of “vulnerable person” and “mental disorder” in subsection (3) in order that they remain consistent with the definitions in section 42 of the Act. Section 42 of the Act, can be modified by the provisions of section 61 of the Act, and accordingly subsection (4) makes provision for that consistency to be maintained.

Section 99 - Responsibility for ensuring availability of appropriate adults

253.Section 99 provides that Scottish Ministers may by regulations confer on a person the function of ensuring that appropriate adult support is available to those who require it and how that support may or must be discharged by the person upon whom that function has been conferred.

254.Section 99 will allow Scottish Ministers to specify that such a person be responsible for ensuring those services are available throughout Scotland, or if required, just in different parts of Scotland. This will allow flexibility, should it be required, where a different person may have responsibility in one area of Scotland if they are best placed to discharge that function.

Section 100 - Assessment of quality of appropriate adult support

255.Section 100 provides that Scottish Ministers may by regulations confer upon a person the function of assessing the quality, including the delivery, of appropriate adult services and how that function is carried out.

256.Section 100(b) provides that Scottish Ministers may by regulations specify how the function in relation to assessing the quality, including the delivery, of appropriate adult services may or must be discharged by the person upon whom that function has been conferred.

Section 101 - Training for appropriate adults

257.Section 101 provides that Scottish Ministers may by regulations confer upon a person functions relating to training for appropriate adults. Section 101(a) provides that training may be provided to persons who are to provide appropriate adult services (or who wish to provide those services) and to provide training to such persons who may require to interact with those who require appropriate adult support. For example, such training may be provided to those persons who are required to conduct interviews in the course of a criminal investigation with a person who requires the support of an appropriate adult.

258.Section 101(b) provides that Scottish Ministers may by regulations specify how the function in relation to training may or must be discharged by the person upon whom that function has been conferred. Section 101(b) will allow the Scottish Ministers to make provisions, as to co-operation or co-ordination between such a person and the person upon whom the function of carrying out assessments has been conferred by virtue of section 100. Section 101(b) will also allow such training to take into account matters such as best practice.

259.Section 102 - Recommendations from quality assessor and training provider. Section 102 provides that a person on whom functions have been conferred by sections 100 or 101 (i.e. to provide oversight or training functions) can make recommendations to the provider of appropriate adult services or to the Scottish Ministers in their use of their subordinate legislation making power under section 61 and the provisions under this Chapter.

260.Subsection (2) provides that the providers of appropriate adult services must have regard to any recommendations made in relation to them.

Section 103 - Duty to ensure quality assessment takes place

261.Section 103 places a duty on the Scottish Ministers to ensure that where a person has responsibility to ensure that appropriate adult services are available, there must be a person in place for the purposes of assessing those services.

262.The effect of section 103 is to ensure that if a person has been required to provide appropriate adult services, then there is oversight of that person in place at all times.

Section 104 - Elaboration of regulation-making powers under this Chapter

263.Section 104 expands the detail in relation to the regulation making powers under this Chapter, which may be exercised by the Scottish Ministers, in relation to appropriate adult services.

264.Subsection (1) provides that where a function is conferred upon a person it can be imposed on more than one person for the purposes of discharging that function.

265.Subsection (2) provides that the functions, or certain aspects of the functions, can be contracted out for the purposes of delivery of those functions (for example to third sector bodies) for the purposes of the delivery of those functions.

266.Subsection (3) provides regulation of the powers of Scottish Ministers in relation to any regulations made under this Chapter. It also provides that regulations under this Chapter may modify this, or any other, enactment and may make different provision for different purposes.

Section 105 - Procedure for making regulations under this Chapter

267.Section 105 sets out the procedures to be applied to any regulations made by the Scottish Ministers under this Chapter.

268.Subsection (1) provides that any regulations made by the Scottish Ministers under this Chapter will be scrutinised by the Scottish Parliament in accordance with the affirmative procedure. Subsection (2) provides that the Scottish Ministers are required to consult publicly before any such regulations under this Chapter are laid before the Scottish Parliament.

Section 106 - Other powers of Ministers unaffected

269.Section 106 clarifies that none of the powers enabling the Scottish Ministers to confer function(s) on person(s) imply that these are the only powers enabling them to do so.

270.The effect of section 106 is to ensure that the powers under this new Chapter do not exclude the use of current provisions or impliedly revoke any existing powers (such as powers to confer functions on local authorities).

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