Legislation

This document contains several tables, each of which provides short extracts from the Acts for comparison purposes. These include:

• Who is subject to the provisions of the ASP, AWI and MHCT Acts
• A short overview of Orders, Warrants and Certificates
• The principles
• Duty to investigate / inquire
• Duty to co-operate
• Entry to premises / visits
• Medical assessment/examination/treatment
• Examination of records
• Banning orders / interdicts
• Urgent action
• Financial interventions

This learning resource is designed to support the development of knowledge and understanding of the Adults with Incapacity (Scotland) Act 2000. It aims to support and promote people’s rights in the application of the Act in health, social work and social care.

Included with this resource is an eLearning module, principles of the AWI Act, a podcast, a quick guide, a 'mythbusting' section and a resource library. It is part of TURAS and a free account is required to access the resource.

This good practice guide sets out the law and basic principles related to independent advocacy. This guidance aims to help practitioners make sure that advocacy is encouraged and that the
advocate plays an important role in care and treatment, as intended by the legislation.

Several good practice examples and case studies are included.

The Mental Health (Care and Treatment) (Scotland) Act 2003 imposed a duty on local authorities and health boards to collaborate to ensure the availability of independent advocacy services in their area. The Act gave everyone with mental illness, learning disability, dementia and related conditions the right to access independent advocacy support.

The Adult Support and Protection (Scotland) Act 2007 defines 'adults at risk' as individuals, aged 16 years or over, who:

Financial harm includes any type of harm which adversely impacts on an adult’s finances. Under the Adult Support and Protection Act (Scotland) 2007, a Council Officer has the legal right to ask any financial institution for financial information in relation to the adult (under a Section 10 request). This briefing outlines the legal framework for Section 10 requests relating to financial harm, the responsibilities of everyone involved, and key considerations in relation to Section 10 requests where financial harm is being investigated.

Supported decision-making maximises an individual’s ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them. This guidance is aimed at those working with people who may have difficulty making decisions - this could be due to mental illness, dementia, a learning disability, or another condition. The guidance sets out how people can be supported to ensure that decisions made by or about them genuinely reflect their choices.

GPs and General Practice staff are well placed to identify adults at risk of harm. They are a vital component in the multi-agency arrangements to support and protect where necessary. This guidance is to support GPs and General Practice staff when they may have need to refer to the Act. It should be used in conjunction with the main Adult Support and Protection Code of Practice.

This website is for members of the public to gain information about Adult Support and Protection in Scotland. It offers information about types of harm, the Adult Support and Protection (Scotland) Act 2007 and where to go for help.

The Equality Act 2010 came into force on 1 October 2010. It sets out the personal characteristics that are protected by the law and the behaviour that is unlawful. It works with the Adult Support and Protection (Scotland) Act 2007 to ensure that any public body or office holder performing a function under the Act must have regard to the adult's abilities, background and characteristics.