Adult Support and Protection (Scotland) Act 2007

SCHEDULE 1 Minor and consequential amendments

(introduced by section 77(1))

National Assistance Act 1948 (c. 29)

1 The National Assistance Act 1948 is amended as follows—

(a) in section 26(4)—

(i) for “Subsections (5A), (7) and (9)” substitute “Subsection (5A)”, and

(ii) for “they apply” substitute “it applies”,

(b) in section 51—

(i) in subsection (1), for “, himself or any other person” substitute “him”,

(ii) in subsection (3), after “conviction” insert “to imprisonment for a term not exceeding 3 months.”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

2 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows—

(a) in section 7(2)(a), for “1984” substitute “2003”,

(b) in section 16—

(i) in paragraph (b) of the definition of “mental disorder”, for the words “section 1(2) of the 1984 Act” substitute “section 328 of the 2003 Act”,

(ii) in the definition of “State hospital”, for “1984” substitute “2003” .

Legal Aid (Scotland) Act 1986 (c. 47)

3 The Legal Aid (Scotland) Act 1986 is amended as follows—

(a) in section 34(2), after the last paragraph insert—

“(g) in pursuance of a requirement made under section 10(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).”,

(b) in section 36(3)(bb)—

(i) after “is” insert “applying for an order under section 53(1), 57(1), 60(1), 62(1) or 63(1) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) (in relation to himself or any other adult) or is otherwise”,

(ii) for “the Adults with Incapacity (Scotland) Act 2000 (asp 4)” substitute “that Act”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

4 The Criminal Procedure (Scotland) Act 1995 is amended as follows—

(a) in section 58(6)(d), for “person” substitute “person’s personal welfare which makes the same provision as the guardianship order which the court proposes to make under this section”,

(b) in section 58(7)—

(i) after “order”, where first occurring, insert “made under this section”,

(ii) for “offender” substitute “person” and for “offender's” substitute “person's”,

(c) in section 60B, the words “under section 58(1) of this Act” are repealed.

Adults with Incapacity (Scotland) Act 2000 (asp 4)

5 The Adults with Incapacity (Scotland) Act 2000 is amended as follows—

(a) in section 6(2)(b)(iii), for “to intromit” substitute “relating to intromission”,

(b) in section 39(1)(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

(c) in section 41(a), after “(c.4)” insert “, the State Pensions Credit Act 2002 (c. 16)”,

(d) in section 47, after subsection (2) insert—

“(2A) Subsection (2)—

(a) does not affect any authority conferred by any other enactment or rule of law; and

(b) is subject to—

(i) the following provisions of this section;

(ii) sections 49 and 50; and

(iii) sections 234, 237, 240, 242, 243 and 244 of the 2003 Act.”,

(e) in section 87, after subsection (1) insert—

“(1A) Any power under this Act to prescribe anything by regulations is exercisable by the Scottish Ministers.”

(f) in paragraph 6(2) of schedule 2, after “carer” insert “, his named person”,

(g) in paragraph 3(3) of schedule 3, for “18” substitute “20”,

(h) for sub-paragraphs (3) to (6) (as re-numbered) of paragraph 4 of schedule 4 substitute—

“(3) Sections 6(2)(c)(i), 15, 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become continuing attorneys by virtue of sub-paragraph (1)(a) or (c).

(4) Sections 16(1) to (4) and (7), 19, 20(3)(a), 21, 22, and 23 shall not apply to persons who have become welfare attorneys by virtue of sub-paragraph (1)(b) or (c).”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

6 In paragraph 3(1)(b) of schedule 1 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), for “a minimum of three” substitute “one or more”.