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

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Scottish Statutory Instruments

2008 No. 49 (C. 6)

MENTAL HEALTH

ADULTS WITH INCAPACITY

ADULT SUPPORT

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

Made

20th February 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) and (4) of the Adult Support and Protection (Scotland) Act 2007(1).

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(2);

(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(3),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

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Adult Support and Protection (Scotland) Act 2007 (“the Act”) on 1st April 2008.

Article 2(1) brings into force the remaining provisions in Part 2 (Adults with Incapacity) of the Act. These provisions make various amendments to the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”).

Article 2(2) brings into force section 74 of and part of Schedule 2 to the Act which repeal sections 88, 128 and 146 of the Mental Health Act 1983 on 1st October 2008.

Articles 3 and 4 contain transitional provisions for applications made and certificates issued under Part 3 (Accounts and Funds) of the 2000 Act. Article 3 provides that applications made but not determined before 1st April 2008 are to be treated as applications under the new Part 3 of the 2000 Act. Article 4 provides that certificates of authority issued under Part 3 of the 2000 Act before 1st April 2008 are to be treated as certificates of authority issued under the new Part 3 of the 2000 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 the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 1, Transitional Provision and Savings) Order 2007 (S.S.I. 2007/334 (C.28)):–

ProvisionDate of Commencement
Section 485th October 2007
Section 525th October 2007
Section 535th October 2007
Section 545th October 2007
Section 555th October 2007
Section 565th October 2007
Section 57, with the exception of sub-paragraphs (1)(b)(ii) and (iii), 2(b)(ii) and (iii) and subsections (3) and (7)5th October 2007
Section 59(2) and (3)5th October 2007
Section 60(7), (8), (10), (15) and (17)5th October 2007
Section 615th October 2007
Section 625th October 2007
Section 635th October 2007
Section 655th October 2007
Section 675th October 2007
Section 685th October 2007
Section 7130th June 2007
Section 7230th June 2007
Section 7330th June 2007
Section 7530th June 2007
Section 77(1) in so far as it relates to the commencement of paragraphs 2 and 6 of Schedule 130th June 2007
Section 77(1) and (2) in so far as they relate to the provisions of Schedules 1 and 2 mentioned below5th October 2007
Schedule 1, paragraphs 1, 3(b), 4 and 55th October 2007
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, the Law Reform (Parent and Child) (Scotland) Act 1986(6), the Adults with Incapacity (Scotland) Act 2000(7) and the Courts Act 2003(8)5th October 2007

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