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Citation and interpretation

1.—(1) This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008.

(2) In this Order–

(a)“the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000(1);

(b)references to sections, schedules and parts are, unless otherwise stated, references to sections and parts of, and schedules to, the Adult Support and Protection (Scotland) Act 2007.

Commencement

2.—(1) Part 2, in so far as it is not already in force, shall come into force on 1st April 2008.

(2) Section 74, section 77(2) and Schedule 2, in so far as they relate to section 146 of the Mental Health Act 1983(2),come into force on 1st October 2008.

Transitional provisions

3.  An application under section 26 of the 2000 Act for authority to intromit with funds made before the coming into force of the substitution of Part 3 of the 2000 Act by section 58, but not granted or refused before that date, shall be treated on or after that date as if it were an application under section 25 of the 2000 Act (as substituted by section 58).

4.  A certificate of authority issued under section 26(4)(b) of the 2000 Act before the coming into force of the substitution of Part 3 of the 2000 Act by section 58, shall be treated on or after that date as if it were a certificate issued under section 25(4)(b) of the 2000 Act (as substituted by section 58).

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th February 2008