Point in time view as at 01/04/2013.
Adult Support and Protection (Scotland) Act 2007, Section 5 is up to date with all changes known to be in force on or before 09 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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
F1S. 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.
F2S. 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.
F3S. 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
I1S. 5 in force at 29.10.2008 by S.S.I. 2008/314, art. 2
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