Explanatory Notes

Adult Support and Protection (Scotland) Act 2007

2007 asp 10

21 March 2007

The Act – an Overview

Part 1 .Protection of Adults at Risk of Harm

Investigations

Section 8 – Interviews

15.This section permits a council officer and anyone accompanying the officer to interview an adult in private within the place being visited under section 7. This right exists regardless of whether or not the sheriff has granted an assessment order. In circumstances where it is not practicable to carry out a private interview in the place of the visit and the council officer requires to take the person to other premises, an assessment order must be obtained from a sheriff (see section 11, Assessment Orders). Subsection (2) states that an adult interviewed under this section is not required to answer any question and the adult must be informed of this fact before the interview starts.