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Adult Support and Protection (Scotland) Act 2007
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Adult Support and Protection (Scotland) Act 2007, Section 2 is up to date with all changes known to be in force on or before 01 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 2:
- s. 5A inserted by 2025 asp 9 s. 24(2)
- s. 45A inserted by 2025 asp 9 s. 24(4)
- s. 46(vi) word substituted by 2025 asp 9 s. 24(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5A inserted by 2025 asp 9 s. 24(2)
- s. 45A inserted by 2025 asp 9 s. 24(4)
- s. 46(vi) word substituted by 2025 asp 9 s. 24(5)
2Principles for performing Part 1 functionsS
This section has no associated Explanatory Notes
A public body or office-holder performing a function under this Part in relation to an adult must, if relevant, have regard to—
(a)the general principle on intervention in an adult's affairs,
(b)the adult's ascertainable wishes and feelings (past and present),
(c)any views of—
(i)the adult's nearest relative,
(ii)any primary carer, guardian or attorney of the adult, and
(iii)any other person who has an interest in the adult's well-being or property,
which are known to the public body or office-holder,
(d)the importance of—
(i)the adult participating as fully as possible in the performance of the function, and
(ii)providing the adult with such information and support as is necessary to enable the adult to so participate,
(e)the importance of ensuring that the adult is not, without justification, treated less favourably than the way in which any other adult (not being an adult at risk) might be treated in a comparable situation, and
(f)the adult's abilities, background and characteristics (including the adult's age, sex, sexual orientation, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage).
Commencement Information
I1S. 2 in force at 29.10.2008 by S.S.I. 2008/314, art. 2
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