Adult Support and Protection (Scotland) Act 2007 (asp 10)

Part 1 S Protection of adults at risk of harm

Modifications etc. (not altering text)

C1 Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2

Protection orders and visits: supplementary S

38 Criteria for granting warrants for entry: section 7 visits S

(1) A sheriff who grants an assessment order must also grant a warrant for entry in relation to a visit under section 7 of a place from which a person may be taken in pursuance of the assessment order.

(2) The sheriff may, on the application of the council, otherwise grant a warrant for entry in relation to a visit under section 7 only if satisfied, by evidence on oath—

(a) that a council officer has been, or reasonably expects to be—

(i) refused entry to, or

(ii) otherwise unable to enter,

the place concerned, or

(b) that any attempt by a council officer to visit the place without such a warrant would defeat the object of the visit.

Commencement Information

I1 S. 38 in force at 29.10.2008 by S.S.I. 2008/314, art. 2