| Adult support: a new generation |
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Survey of the important changes to the adult protection regime, and the Adults with Incapacity Act, made by the Adult Support and Protection (Scotland) Act 2007 by Adrian Ward, (The Journal, June 2007, page 20) The Adult Support and Protection (Scotland) Act 2007 completed its parliamentary passage on 15 February. Most of its provisions are expected to be brought into force towards the end of the year. One important provision, inserting a new section in the Social Work (Scotland) Act 1968, came into force on 21 March (see end of article). The 2007 Act introduces the new adult protection régime in Part 1. It makes significant amendments to adult incapacity law, most of them in Part 2 amending the Adults with Incapacity (Scotland) Act 2000 ("the Incapacity Act"). This article summarises some of these provisions. It does not cover alterations to other legislation, including the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the Mental Health Act"). The 2007 Act incorporates an unusual amount of amendment to the bill as originally introduced. The Law Society of Scotland's Mental Health and Disability Committee has had an unusual (perhaps unprecedented) success rate in achieving implementation of its suggestions and response to its concerns. Commendable were the care with which the Health Committee addressed issues raised by the bill, and the responses of the Scottish Executive. The full article is available at the Journal, June 2007 |
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