Part 1, Section 3 · Adult Support and Protection (Scotland) Act 2007

Contents

3Adults at risk#

(1)“Adults at risk” are adults who—

(a)are unable to safeguard their own well-being, property, rights or other interests,

(b)are at risk of harm, and

(c)because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

(2)An adult is at risk of harm for the purposes of subsection (1) if—

(a)another person's conduct is causing (or is likely to cause) the adult to be harmed, or

(b)the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 45

Show every defined term

adult
means an individual aged 16 or over, • “adult at risk” has the meaning given by section 3, • “Adult Protection Committee” means a committee established under section 42, • “assessment order” has the meaning given by section 11, • “attorney” means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), • “banning order” has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
adult at risk
has the meaning given by section 3, • “Adult Protection Committee” means a committee established under section 42, • “assessment order” has the meaning given by section 11, • “attorney” means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), • “banning order” has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
Adult Protection Committee
means a committee established under section 42, • “assessment order” has the meaning given by section 11, • “attorney” means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), • “banning order” has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
assessment order
has the meaning given by section 11, • “attorney” means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), • “banning order” has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
attorney
means a continuing attorney or welfare attorney (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), • “banning order” has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
banning order
has the meaning given by section 19, •... • “child” means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
chief constable
means the chief constable of the Police Service of Scotland.
child
means an individual under the age of 16, • “conduct” includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
community care service
has the meaning given in section 5A of this Act;
conduct
includes neglect and other failures to act, • “council” means a council constituted under section 2 of the Local Government etc.
council
means a council constituted under section 2 of the Local Government etc.
council officer
means an individual appointed by a council under section 64 of the Local Government (Scotland) Act 1973 (c. 65) (but “council officer” must, where relevant, also be interpreted in accordance with any order made under section 52(1)), • “court day” means a day which is not— (a) a Saturday, (b) a Sunday, or (c) a court holiday prescribed for the relevant court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46), • “doctor” means a fully registered person within the meaning of the Medical Act 1983 (c. 54), • “fiscal” means the procurator fiscal, • “harm” includes all harmful conduct and, in particular, includes— (a) conduct which causes physical harm, (b) conduct which causes psychological harm (for example: by causing fear, alarm or distress), (c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion), (d) conduct which causes self-harm, • “health professional” has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualification
court day
means a day which is not— (a) a Saturday, (b) a Sunday, or (c) a court holiday prescribed for the relevant court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46), • “doctor” means a fully registered person within the meaning of the Medical Act 1983 (c. 54), • “fiscal” means the procurator fiscal, • “harm” includes all harmful conduct and, in particular, includes— (a) conduct which causes physical harm, (b) conduct which causes psychological harm (for example: by causing fear, alarm or distress), (c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion), (d) conduct which causes self-harm, • “health professional” has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwi
dental practitioner
has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978, • “dental care professional” has the meaning given in section 10F(2B) of that Act, • “registered pharmacist” has the meaning given in section 108(1) of that Act, • “registered pharmacy technician” has the meaning given in section 10F(2B) of that Act, • “occupational therapist” means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 (S.I. 2002/254) relating to occupational therapists, • “paramedic” means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 relating to paramedics, • “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.
doctor
means a fully registered person within the meaning of the Medical Act 1983 (c. 54), • “fiscal” means the procurator fiscal, • “harm” includes all harmful conduct and, in particular, includes— (a) conduct which causes physical harm, (b) conduct which causes psychological harm (for example: by causing fear, alarm or distress), (c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion), (d) conduct which causes self-harm, • “health professional” has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as i
fiscal
means the procurator fiscal, • “harm” includes all harmful conduct and, in particular, includes— (a) conduct which causes physical harm, (b) conduct which causes psychological harm (for example: by causing fear, alarm or distress), (c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion), (d) conduct which causes self-harm, • “health professional” has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court,
fundholder
means a bank, building society or other similar body which holds funds on behalf of another person;
harm
includes all harmful conduct and, in particular, includes— (a) conduct which causes physical harm, (b) conduct which causes psychological harm (for example: by causing fear, alarm or distress), (c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion), (d) conduct which causes self-harm, • “health professional” has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning a
health professional
has the meaning given by section 52(2), • “midwife” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14
incapable
has the meaning given in section 1(6) of the 2000 Act;
Independent advocacy services
has the same meaning in subsection (2) as it has in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
midwife
means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in midwifery, • “nearest relative” has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Sco
nearest relative
has the meaning given by section 254 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “nurse” means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the
nurse
means an individual registered in the register maintained under article 5 of the Nurses and Midwives Order 2001 (S.I. 2002/253) by virtue of qualifications in nursing, • “officer in charge” has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
occupational therapist
means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 (S.I. 2002/254) relating to occupational therapists, • “paramedic” means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 relating to paramedics, • “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.
officer in charge
has the meaning given by section 29(1) • “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
optometrist
means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.
paramedic
means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 relating to paramedics, • “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.
parental responsibilities and rights
has the same meaning as in the Children (Scotland) Act 1995 (c. 36), • “prescribed” means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
prescribed
means prescribed by rules of court, • “primary carer” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
primary carer
has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), • “relevant Health Board”, in relation to any council, means any Health Board or Special Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which exercises functions in relation to the council's area, • “removal order” has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
protection order
means any— and “affected adult at risk”, in relation to a protection order, means the person whose well-being or property would be safeguarded by the granting, carrying out or enforcement of the order.
registered pharmacist
has the meaning given in section 108(1) of that Act, • “registered pharmacy technician” has the meaning given in section 10F(2B) of that Act, • “occupational therapist” means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 (S.I. 2002/254) relating to occupational therapists, • “paramedic” means a person who is registered in the part of the register maintained by the Health and Care Professions Council under article 5 of the Health Professions Order 2001 relating to paramedics, • “optometrist” means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.
relevant health care service
means an undertaking which consists of or includes the provision of services by—
Relevant medical practitioner
has the same meaning in this subsection as it has in section 57(3)(a) (see definition in section 57(6B)).”
relevant person
means—
removal order
has the meaning given by section 14, • “ SCSWIS ” means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
SCSWIS
means Social Care and Social Work Improvement Scotland, • “specified”, in relation to any order or warrant, means specified in the order or warrant, • “temporary banning order” has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
specified
means specified in the certificate of appointment. 26B 1 This section applies where an individual has or individuals have been appointed as a withdrawer in relation to an adult. 2 Where this sections applies, another individual may apply to the Public Guardian for appointment as a joint withdrawer. 3 An application under subsection (1) must be signed by the existing withdrawer. 4 Where the Public Guardian grants an application under subsection (1), the Public Guardian must— a enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii);
temporary banning order
has the meaning given by section 21, • “visit” has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
the 2000 Act
means the Adults with Incapacity (Scotland) Act 2000 (asp 4);
the existing withdrawer
means the individual or individuals mentioned in subsection (1). 7 In this Part, where two or more individuals are appointed as withdrawers, each individual is referred to as a “joint withdrawer”. 26C 1 Joint withdrawers may, subject to subsection (2), exercise their functions individually, and each joint withdrawer is liable for any loss incurred by the adult arising out of— a the joint withdrawer's own acts or omissions;
visit
has the meaning given by subsection (2), • “warrant for entry” has the meaning given by section 37.
warrant for entry
has the meaning given by section 37.
withdrawal certificate
means a certificate issued under section 25, 26B, 26E, 26F or 31A.”