Adult Support and Protection (Scotland) Act 2007

Inquiries S

4 Council's duty to make inquiries S

A council must make inquiries about a person's well-being, property or financial affairs if it knows or believes—

(a) that the person is an adult at risk, and

(b) that it might need to intervene (by performing functions under this Part or otherwise) in order to protect the person's well-being, property or financial affairs.

Commencement Information

I1 S. 4 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

5 Co-operation S

(1) This section applies to—

(a) the Mental Welfare Commission for Scotland,

[F1 (b) SCSWIS,]

[F2 (ba) Healthcare Improvement Scotland,]

(c) the Public Guardian,

(d) all councils,

[F3 (e) the chief constable of the Police Service of Scotland,]

(f) the relevant Health Board, and

(g) any other public body or office-holder as the Scottish Ministers may by order specify.

(2) The public bodies and office-holders to which this section applies must, so far as consistent with the proper exercise of their functions, co-operate with—

(a) a council making inquiries under section 4, and

(b) each other,

where such co-operation is likely to enable or assist the council making those inquiries.

(3) Where a public body or office-holder to which this section applies knows or believes—

(a) that a person is an adult at risk, and

(b) that action needs to be taken (under this Part or otherwise) in order to protect that person from harm,

the public body or office-holder must report the facts and circumstances of the case to the council for the area in which it considers the person to be.

Textual Amendments

F1 S. 5(1)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 20; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F2 S. 5(1)(ba) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 35(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F3 S. 5(1)(e) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 35(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I2 S. 5 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

6 Duty to consider importance of providing advocacy and other services S

(1) This section applies where, after making inquiries under section 4, a council considers that it needs to intervene in order to protect an adult at risk from harm.

(2) Where this section applies, the council must have regard to the importance of the provision of appropriate services (including, in particular, independent advocacy services) to the adult concerned.

(3) “Independent advocacy services” has the same meaning in subsection (2) as it has in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

Commencement Information

I3 S. 6 in force at 29.10.2008 by S.S.I. 2008/314, art. 2