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Protection of Vulnerable Groups (Scotland) Act 2007

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Protection of Vulnerable Groups (Scotland) Act 2007, Section 94 is up to date with all changes known to be in force on or before 11 November 2024. 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. Help about Changes to Legislation

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94Meaning of “protected adult”S

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(1)For the purposes of this Act, a “protected adult” is [F1an individual aged 16 or over who is provided with—

(a)a service by a person carrying on—

(i)a support service,

(ii)an adult placement service,

(iii)a care home service, or

(iv)a housing support service,

which is registered under [F2 Part 5 of the 2010 Act ],

(b)a prescribed service—

(i)by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c. 29),

(ii)which is secured by a health body acting in exercise of such functions,

[F3(iia)by, or which is secured by, a person to whom such functions are delegated by a Health Board in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]

(iii)by an independent hospital,

(iv)by a private psychiatric hospital,

(v)by an independent clinic, or

(vi)by an independent medical agency,

(c)a community care service—

(i)provided or secured by a council under the Social Work (Scotland) Act 1968 (c. 49) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or

[F4(ia)provided or secured by a person to whom a function conferred by either of those Acts is delegated by a council in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]

(ii)in respect of which F5... a direct payment, or [F6is made by a council or a person to whom functions are delegated by a council in pursuance of an integration scheme under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014 (or by another person acting under the direction of the person to whom functions are delegated)]

(d)a prescribed welfare service.]

[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.

[F7(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 [F8

(a)[F9paragraph (a) of subsection (1)] [F9sub-paragraphs (i) to (iv) of subsection (1)(d)] have the same meaning as in schedule 12 to the 2010 Act,

[F10(b)paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,]]

[F11(c)[F10paragraph (b)(iii) to (vi) of that subsection have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c. 29).]]

(4)In [F12sub-paragraph (v) of] subsection (1)(c)—

  • community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),

  • [F13direct payment[F14 has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 ].]

(5)In [F15subsection (1)(d)] [F15sub-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) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F2Words in s. 94(1)(a) 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(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F7S. 94(2A)(2B) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F8Words 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.

F9Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F10S. 94(3)(b)(c) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F11S. 94(3)(c) added (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. 36(d); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F12Words in s. 94(4) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F13Words in s. 94(4) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F15Words in s. 94(5) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(6), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

Commencement Information

I1S. 94(1)(a)(c)(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I2S. 94(1)(b)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I3S. 94(1)(b)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

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