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Chapter 3 - Legislative Framework

The Adult Support and Protection Act (2007) - Scottish Legislation

The Care Act 2014 only covers England, in Scotland adult protection is covered by The Adult Support & Protection (Scotland) Act 2007 and The Mental Health (Care and Treatment) (Scotland) Act 2003.


The Adult Support & Protection (Scotland) Act 2007

The Adult Support and Protection (Scotland) Act 2007 (The Act) seeks to protect and benefit adults at risk of being harmed. The Act requires councils and a range of public bodies to work together to support and protect adults who are unable to safeguard themselves, their property and their rights. It provides a range of measures which they can use. The public bodies are required to work together to take steps to decide whether someone is an adult at risk of harm, balancing the need to intervene with an adult's right to live as independently as possible.


The Act introduces new measures to identify and protect individuals who fall into the category of 'adults at risk'. These measures include:

Placing a duty on councils to make the necessary inquiries and investigations to establish whether or not further action is required to stop or prevent harm occurring;

A requirement for specified public bodies to co-operate with local councils and each other about adult protection investigations;

A range of protection orders including assessment orders, removal orders and banning orders; and

The establishment of multi-disciplinary Adult Protection Committees.

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