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The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008

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Scottish Statutory Instruments

2008 No. 314 (C. 28)

MENTAL HEALTH

ADULT SUPPORT

The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008

Made

16th September 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) of the Adult Support and Protection (Scotland) Act 2007(1).

Citation

1.  This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008.

Commencement

2.  The Adult Support and Protection (Scotland) Act 2007, in so far as it is not already in force, with the exception of section 66 (Application of Social Work (Scotland) Act 1968(2): persons outwith Scotland), shall come into force on 29th October 2008.

Amendment of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008

3.  In article 2(2) of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008(3) for “1st October 2008” substitute “3rd November 2008”.

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th September 2008

Explanatory Note

(This note is not part of the Order)

This Order brings into force the remainder of the Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”), with the exception of section 66, on 29th October 2008.

Article 3 amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008. The effect of the amendment is that section 74 and section 77(2) of, and schedule 2 to the 2007 Act, (insofar as the two latter relate to section 146 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”)) come into force on 3rd November 2008. The effect of these provisions coming into force is the repeal of sections 88 and the partial repeal of section 146 of the 1983 Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by earlier commencement orders.

ProvisionDate of CommencementS.S.I. No.
Section 485th October 2007S.S.I. 2007/334
Section 525th October 2007S.S.I. 2007/334
Section 535th October 2007S.S.I. 2007/334
Section 545th October 2007S.S.I. 2007/334
Section 555th October 2007S.S.I. 2007/334
Section 565th October 2007S.S.I. 2007/334
Section 57(1)(a), (1)(b)(i), (1)(c), (1)(d), (2)(a), (2)(b)(i), (2)(c), (2)(d), (4), (5), (6), (8) and (9)5th October 2007S.S.I. 2007/334
Section 57(1)(b)(ii) and (iii), (2)(b)(ii) and (iii), (3) and (7)1st April 2008S.S.I. 2008/49
Section 581st April 2008S.S.I. 2008/49
Section 59(1)1st April 2008S.S.I. 2008/49
Section 59(2) and (3)5th October 2007S.S.I. 2007/334
Section 60(1) to (6), (9), (11) to (14) and (16)1st April 2008S.S.I. 2008/49
Section 60(7), (8), (10), (15) and (17)5th October 2007S.S.I. 2007/334
Section 615th October 2007S.S.I. 2007/334
Section 625th October 2007S.S.I. 2007/334
Section 635th October 2007S.S.I. 2007/334
Section 655th October 2007S.S.I. 2007/334
Section 675th October 2007S.S.I. 2007/334
Section 685th October 2007S.S.I. 2007/334
Section 7130th June 2007S.S.I. 2007/334
Section 7230th June 2007S.S.I. 2007/334
Section 7330th June 2007S.S.I. 2007/334
Section 7530th June 2007S.S.I. 2007/334
Section 77(1) in so far as it relates to the commencement of paragraphs 2 and 6 of schedule 130th June 2007S.S.I. 2007/334
Section 77(1) and (2) in so far as they relate to the provisions of schedules 1 and 2 mentioned below5th October 2007S.S.I. 2007/334
Schedule 1, paragraphs 1, 3(b), 4 and 55th October 2007S.S.I. 2007/334
Schedule 2 in so far as it relates to the National Assistance Act 1948(4) (with the exception of section 47 of that Act), the Solicitors (Scotland) Act 1980(5), section 142 of the Mental Health Act 1983(6), the Law Reform (Parent and Child) (Scotland) Act 1986(7), the Adults with Incapacity (Scotland) Act 2000(8) and the Courts Act 2003(9)5th October 2007S.S.I. 2007/334

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