64.Section 24 modifies the Adult Support and Protection (Scotland) Act 2007 in a number of respects.
65.It inserts a new section 5A so that:
	a relevant health care service can provide information to a local authority if it comes to know or suspect a person is an adult at risk of harm (the concept of an adult at risk is defined for the purposes of the Adult and Support Protection Act in section 3 of that Act)
	a relevant health care service can, of its own accord, provide information to public bodies and office-holders mentioned in section 5(1) of the Adult Support and Protection Act in order to enable or assist a local authority in carrying out inquiries under section 4 of that Act (which is to say inquiries into the wellbeing, property or financial affairs of a person whom a local authority knows or believes to be at risk of harm and potentially in need of protection)
	conversely, the public bodies and office-holders mentioned in section 5(1) can share information for the same purpose with relevant health care services
66.Relevant health care service, in this context, is defined by subsections (4) and (5) of the new section 5A. Broadly, it means an undertaking that consists of or includes the provision of services by various categories of medical professional and allied health professionals. For example, a private hospital would be a relevant health care service because it is an undertaking that consists of the provision of services by doctors and nurses.
67.Subsection (6) of the inserted section 5A enables the Scottish Ministers to modify the definition of “relevant health care service” by regulations. Regulations made under that power will be subject to the affirmative procedure (as defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010), as a result of section 78(4) of the Adult Support and Protection Act being amended by subsection (6) of section 24 of the Act. Section 78(4) is to be read in accordance with paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010.
68.Section 24 also inserts a replacement subsection (2) into section 44 of the Adult Support and Protection Act. The effect is to allow the Scottish Ministers to make orders specifying persons who must be allowed to attend meetings of an adult support and protection committee established under section 42 of the Adult Support and Protection Act. This differs from the position under the replaced subsection (2) in two respects. First, in its original form subsection (2) allowed the Scottish Ministers to specify by order only public bodies and office-holders, which is narrower than a power to specify persons of any kind. Second, in its original form subsection (2) required attendance to be afforded to representatives of those specified by order, whereas the replacement subsection (2) allows for personal attendance by a person who has been specified by order.
69.Section 24 also inserts a new section 45A into the Adult Support and Protection Act. This enables a relevant health care service to provide information on request to an adult protection committee. In this context, “relevant health care service” has the same meaning as it has in the inserted section 5A (see paragraph 66 above).
70.Finally, section 24 amends section 46 of the Adult Support and Protection Act. As enacted that section allowed the Scottish Ministers, by order, to specify public bodies and office-holders to whom adult support and protection committees must send copies of their biennial reports. The amendment to section 46 extends that order-making power so that it can be used to specify persons of any kind.
Overview of the Act Overview of Part 2 Protection of adults at risk of harm: information sharing