Scottish Statutory Instruments
MENTAL HEALTH
ADULT SUPPORT
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).
1. This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008.
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.
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
(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.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by earlier commencement orders.
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Section 48 | 5th October 2007 | S.S.I. 2007/334 |
| Section 52 | 5th October 2007 | S.S.I. 2007/334 |
| Section 53 | 5th October 2007 | S.S.I. 2007/334 |
| Section 54 | 5th October 2007 | S.S.I. 2007/334 |
| Section 55 | 5th October 2007 | S.S.I. 2007/334 |
| Section 56 | 5th October 2007 | S.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 2007 | S.S.I. 2007/334 |
| Section 57(1)(b)(ii) and (iii), (2)(b)(ii) and (iii), (3) and (7) | 1st April 2008 | S.S.I. 2008/49 |
| Section 58 | 1st April 2008 | S.S.I. 2008/49 |
| Section 59(1) | 1st April 2008 | S.S.I. 2008/49 |
| Section 59(2) and (3) | 5th October 2007 | S.S.I. 2007/334 |
| Section 60(1) to (6), (9), (11) to (14) and (16) | 1st April 2008 | S.S.I. 2008/49 |
| Section 60(7), (8), (10), (15) and (17) | 5th October 2007 | S.S.I. 2007/334 |
| Section 61 | 5th October 2007 | S.S.I. 2007/334 |
| Section 62 | 5th October 2007 | S.S.I. 2007/334 |
| Section 63 | 5th October 2007 | S.S.I. 2007/334 |
| Section 65 | 5th October 2007 | S.S.I. 2007/334 |
| Section 67 | 5th October 2007 | S.S.I. 2007/334 |
| Section 68 | 5th October 2007 | S.S.I. 2007/334 |
| Section 71 | 30th June 2007 | S.S.I. 2007/334 |
| Section 72 | 30th June 2007 | S.S.I. 2007/334 |
| Section 73 | 30th June 2007 | S.S.I. 2007/334 |
| Section 75 | 30th June 2007 | S.S.I. 2007/334 |
| Section 77(1) in so far as it relates to the commencement of paragraphs 2 and 6 of schedule 1 | 30th June 2007 | S.S.I. 2007/334 |
| Section 77(1) and (2) in so far as they relate to the provisions of schedules 1 and 2 mentioned below | 5th October 2007 | S.S.I. 2007/334 |
| Schedule 1, paragraphs 1, 3(b), 4 and 5 | 5th October 2007 | S.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 2007 | S.S.I. 2007/334 |