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Adult Support and Protection (Scotland) Act 2007: Code of Practice

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About this code

What is the purpose of this code?

1. The Adult Support and Protection Act 2007 was passed by the Scottish Parliament in spring 2007. This code of practice fulfils the obligation placed on Scottish Ministers by Section 48 of the Act, to prepare a code of practice containing guidance about the performance of functions by councils and their officers and health professionals under the Act.

2. It provides information and guidance on the principles of the Act, about the measures contained within the Act, including when and where it would normally be appropriate to use such powers.

3. This code should be used in conjunction with other relevant codes of practice as appropriate, such as the codes of practice for the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adults with Incapacity (Scotland) Act 2000 and the code of practice for Social Service Workers and Employers of Social Service Workers.

What is the status of this code?

4. Section 48 of the Act in addition to imposing a duty on Scottish Ministers to prepare a code of practice containing guidance for those exercising functions under Part 1 of the Act, places a duty on councils, council officers and health professionals performing functions under Part 1 to have regard to the code of practice.

5. The Scottish Government will keep the operation of the code under review. Those using this code are advised to check the relevant measures themselves and to seek their own legal advice as required, when referring to the relevant provisions of the Act.

Who developed this code?

6. This code was prepared by a working group of professionals drawn from the public, voluntary and private sectors in Scotland, in conjunction with the Scottish Government Adult Care and Support Division.

Who is this code for?

7. This code is addressed to anyone who is authorised or required to perform any of the functions under the Act. This means primarily council officers from local authorities, but also health professionals and the police, as well as the statutory bodies identified later in this code. It should also be considered by those working in the in the voluntary and private sectors.

European Convention on Human Rights compliance

8. All Acts of the Scottish Parliament under the terms of the Scotland Act 1998 are required to comply with the requirements of the European Convention on Human Rights ( ECHR). All bodies and practitioners must also ensure that they conduct their duties in a way which would be ECHR compliant.

Subordinate legislation

9. The Act should be read in conjunction with all subordinate legislation made under the Act. Practitioners are advised to check the Adult Support and Protection pages on the Scottish Government website for current information and the Office of the Public Sector Information website for links to the subordinate legislation.