(1)For the purposes of this Act, a “protected adult” is—
[F1(a)an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—
(i)has an impaired ability to protect themself from physical or psychological harm, or
(ii)requires assistance with the activities of daily living,
(b)in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—
(i)is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or
(ii)has experienced, is experiencing or is at risk of experiencing domestic abuse,
(c)in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or
(d)in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—
(i)a prescribed support service,
(ii)a prescribed adult placement service,
(iii)a prescribed care home service,
(iv)a prescribed housing support service,
(v)a prescribed community care service, or
(vi)a prescribed welfare service.]
(2)Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.
[F2(2A)In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—
(a)is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and
(b)involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.
(2B)For the purposes of subsection (2A), a person is a partner of another person if they are—
(a)married to each other,
(b)civil partners of each other,
(c)living with each other as if they were married to each other, or
(d)otherwise in an intimate relationship with each other,
and the references to ex-partners are to be construed accordingly.]
(3)Expressions used in [F3—
(a)[F4sub-paragraphs (i) to (iv) of subsection (1)(d)] have the same meaning as in schedule 12 to the 2010 Act,
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In [F6sub-paragraph (v) of] [F7subsection (1)(d)]—
“community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),
F8...
(5)In [F9sub-paragraph (vi) of subsection (1)(d)], “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.
Textual Amendments
F1Words in s. 94(1) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F2S. 94(2A)(2B) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F3Words in s. 94(3) 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. 33(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F4Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F5S. 94(3)(b)(c) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F6Words in s. 94(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F7Words in s. 94(4) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(7); S.S.I. 2025/27, reg. 3, sch.
F8Words in s. 94(4) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F9Words in s. 94(5) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(6), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.