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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008 No. 116 (C. 11) URL: http://www.bailii.org/scot/legis/num_reg/2008/ssi_20080116_en_1.html |
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Made
13th March 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) and (4) of the Adult Support and Protection (Scotland) Act 2007(1).
1. This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008.
2. For article 2(2) of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008(2) substitute the following-
"(2) The following provisions shall come into force on 1st October 2008-
(a) section 74;
(b) section 77(2) and Schedule 2 insofar as they relate to section 146 of the Mental Health Act 1983(3).".
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew´s House,
Edinburgh
13th March 2008
(This note is not part of the Order)
This Order amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 to clarify a potential ambiguity in the drafting of article 2(2) of that Order.
This Order provides that section 74 of the Adult Support and Protection (Scotland) Act 2007 ("the 2007 Act"), which repeals section 88 and 128 of the Mental Health Act 1983 (c. 20) ("the 1983 Act") is to come into force on 1st October 2008. It also provides that section 77(2) and Schedule 2 of the 2007 Act, so far as they relate to section 146 of the 1983 Act are to come into force on 1st October 2008. The effect of this provision is the repeal of section 88 and 128 and the partial repeal of section 146 of the 1983 Act.
(This note is not part of the Order)
The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 1, Transitional Provision and Savings) Order 2007 (S.S.I.
2007/334 (c.28)) provides for commencement of provisions of the 2007 Act as follows:-
| Provision | Date of Commencement |
|---|---|
| Section 48 | 5th October 2007 |
| Section 52 | 5th October 2007 |
| Section 53 | 5th October 2007 |
| Section 54 | 5th October 2007 |
| Section 55 | 5th October 2007 |
| Section 56 | 5th October 2007 |
| Section 57, with the exception of sub-paragraphs (1)(b)(ii) and (iii), 2(b)(ii) and (iii) and subsections (3) and (7) | 5th October 2007 |
| Section 59(2) and (3) | 5th October 2007 |
| Section 60(7), (8), (10), (15) and (17) | 5th October 2007 |
| Section 61 | 5th October 2007 |
| Section 62 | 5th October 2007 |
| Section 63 | 5th October 2007 |
| Section 65 | 5th October 2007 |
| Section 67 | 5th October 2007 |
| Section 68 | 5th October 2007 |
| Section 71 | 30th June 2007 |
| Section 72 | 30th June 2007 |
| Section 73 | 30th June 2007 |
| Section 75 | 30th June 2007 |
| Section 77(1) in so far as it relates to the commencement of paragraphs 2 and 6 of Schedule 1 | 30th June 2007 |
| Section 77(1) and (2) in so far as they relate to the provisions of Schedules 1 and 2 mentioned below | 5th October 2007 |
| Schedule 1, paragraphs 1, 3(b), 4 and 5 | 5th October 2007 |
| Schedule 2 in so far as it relates to the National Assistance Act 1948(4) (with the exception of section 47 of that Act), the Solicitors (Scotland) Act 1980(5), section 142 of the Mental Health Act 1983, the Law Reform (Parent and Child) (Scotland) Act 1986(6), the Adults with Incapacity (Scotland) Act 2000(7) and the Courts Act 2003(8) | 5th October 2007 |
The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 (S.S.I.
2008/49 (c.6)) provides for commencement of provisions of the 2007 Act as follows:-
| Provision | Date of Commencement |
|---|---|
| Section 58, together with sections 57, 59 and 60 so far as not already in force | 1st April 2008 |
| Section 74 | 1st October 2008 |
| Section 77(2) insofar as it relates to the provision of Schedule 2 mentioned below | 1st October 2008 |
| Schedule 2 insofar as it relates to section 146 of the Mental Health Act 1983 | 1st October 2008 |
