The Scottish Government

The Adult Support and Protection (Scotland) Act 2007

Legislation to better protect adults at risk of harm became law on October 29, 2008.

The challenge has been, and will continue to be, in striking the balance between enabling individuals to lead independent lives and make choices whilst also protecting those who may not be able to do so for themselves. The Act takes forward aspects of the Scottish Law Commission's 1997 draft Vulnerable Adults Bill that are not covered by the Adults with Incapacity (Scotland) Act 2000 or the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Act:

• provides greater protection to those thought or known to be at risk of harm through new powers to investigate and intervene in situations where concern exists
• places a duty on specified organisations to co-operate in investigating suspected or actual harm
• places a duty on Councils to make inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring
• introduces a range of protection orders including assessment orders, removal orders and banning orders
• provides a legislative framework for the establishment of Adult Protection Committees across Scotland.

The Adult Support and Protection (Scotland) Act 2007 and supporting documents, including the Financial Memorandum, are available on the Scottish Parliament website.

Secondary Legislation to support the Act:

The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008 - No. 314 (C. 28)

The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008 - No. 116 (C. 11)

The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 1, Transitional Provision and Savings) Order 2007 - No. 334 (C.28)

The Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008 - No. 306

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 3) 2008

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No.2) 2008

Protection of Vulnerable Groups (Scotland) Act 2007

Implementation of the Protection of Vulnerable Groups (Scotland) Act 2007 continues. The focus is on reducing the risk of inappropriate adults being in the workforce where they may cause harm. Its scope includes children and a category of adults who are protected due to the care services they receive. This Act requires significant subordinate legislation to be put in place to clarify policy and operational aspects before it will be commenced.