The Scottish Government

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DRAFT
ISBN 978 0 7559 6920 3
This document is also available in pdf format (316k)

Contents

Consultation Letter
How to respond to this consultation
The Scottish Government Consultation Process
Respondent information
Consultee list

About this code:
What is the purpose of this code?
What is the status of this code?
Who developed this code?
Who is this code for?
Good practice versus best practice?
European Convention on Human Rights compliance
Subordinate legislation

Introduction to the Act:
Background
What does Part 1 of the Act do?
How does Part 1 safeguard the adult?
How is this code structured?

Chapter 1: Principles and definition of adult at risk
Taking account of the principles of the Act
Principles for performing functions
Who is an adult at risk?

Chapter 2: Council duties and powers, definition of council officers, duty to co-operate and role of voluntary organisations
General principles
What are a council's duties under the Act?
What are a council's powers under the Act?
Who can act as a council officer for the purposes of the Act?
Duty to co-operate
Co-operation between bodies
Multi-disciplinary approach
The role of voluntary and private organisations

Chapter 3: Adult representation
Advocacy and other services
Independent advocacy services
Safeguarders
Assessing and managing communication difficulties
Examples of support services that may help an adult
Support for carers

Chapter 4: Inquiries
When should a council make inquiries?
What might trigger an inquiry?
Initial inquiries
Possible requirement for intervention outwith the Act
Where no action is required

Chapter 5: Visits
What is the purpose of a visit?
What should be considered prior to a visit?
Who may undertake a visit?
What places may be visited?
When can a council officer visit?
What evidence must a council officer produce?
What if entry is refused?
Who can apply for a warrant?
Granting of a warrant
What can be done in cases of emergency?
What does a warrant allow?

Chapter 6: Interviews
What is an interview?
What is the purpose of an interview?
Where can an adult be interviewed?
What are an adult's rights during an interview?
Can an adult be interviewed with others present?
Can anyone else be interviewed?

Chapter 7: Medical examinations
Who may conduct a medical examination?
What is the purpose of a medical examination?
Does an individual have the right to refuse a medical examination?

Chapter 8: Examination of records
Information sharing and confidentiality
What records may be examined?
Does the Act provide any safeguards for an adult?
Does an adult have to consent to disclosure?
Who may access and inspect records?
How may records be accessed?
Must the record keeper always comply with a request for access?

Chapter 9: Assessment orders
What is an assessment order?
What to consider before applying for an assessment order
Who can apply for an assessment order?
What are the criteria for the grant of an assessment order?
Must the adult at risk consent to the order?
Notification to the adult and subsequent hearing
Timescales within which an order must be carried out
Warrant for entry
What can be done in cases of urgency?
What happens after the order expires or the adult wishes to leave?

Chapter 10: Removal orders
What is a removal order?
Expiry of a removal order
What to consider before applying for a removal order
Who can apply for a removal order?
What are the criteria for granting a removal order?
Can an order be granted without an adult's consent?
Notifications and hearing
Can conditions be attached to a removal order?
Must a hearing always be held?
Warrant for entry
Timescales within which an order must be carried out
What can be done in cases of urgency?
What if the adult at risk has moved location before the removal order can be carried out?
Can a removal order be varied or recalled?
Who has responsibility for caring for the adult's property?
What happens after the order expires or the adult wishes to leave?

Chapter 11: Banning orders
What is a banning order or temporary banning order?
What needs to be considered before applying for an order?
Who can apply for an order?
What are the criteria for an order?
Who can be banned from a property?
How long can a banning order be granted for?
How long can a temporary banning order be granted for?
What conditions can be attached to an order?
Attaching a power of arrest
Who does the applicant have to notify of the application for an order?
Court hearing
Does the adult at risk have to consent to the grant of an order?
Must notification always be given and a hearing held?
Application for variation or recall of an order
Right of appeal against a decision to grant or a refusal to grant an order
How long does an order continue to have effect?
Who does the applicant have to notify of the granting, variation or recall of an order?
Who is responsible for preserving the banned person's property during the order?
What happens if an order without an attached power of arrest is breached?
What happens if an order with an attached power of arrest is breached?
Who must the police notify when someone is detained under section 28?
Breaching of an order with a power of arrest - child
Police duty to keep record of detention
Duty to bring detained person before sheriff
Information to be presented to sheriff
Sheriff to consider authorising longer detention
Expiry of an order prior to any criminal proceedings

Chapter 12: Offences
Obstruction
Offences by corporate bodies etc

Chapter 13: Adult Protection Committees
Functions
Membership
Procedures
Information sharing
Reporting.

Chapter 14: Links to other guidance

Glossary

Role of Council Officer
Definition of council officer
Annex A: Reference to council officer functions in the Act

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