(This note is not part of the Order)
This Order amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 to clarify a potential ambiguity in the drafting of article 2(2) of that Order.
This Order provides that section 74 of the Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”), which repeals section 88 and 128 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) is to come into force on 1st October 2008. It also provides that section 77(2) and Schedule 2 of the 2007 Act, so far as they relate to section 146 of the 1983 Act are to come into force on 1st October 2008. The effect of this provision is the repeal of section 88 and 128 and the partial repeal of section 146 of the 1983 Act.