The Act – an Overview
3.The Act is in 5 parts. The main provisions of the Act are as follows:
Part 1 – Protection of Adults at Risk of Harm
	Introduces measures to identify and protect adults at risk from harm. It defines ‘adults at risk’ and ‘harm’. Where it is known or suspected that an adult is being harmed, the Act places a duty on councils to make the necessary enquiries to establish whether or not further action is required to stop or prevent harm occurring. A general principle on intervention in an adult’s affairs requires action which is the least restrictive to the adult whilst providing benefit to him or her. Protection orders include assessment orders, removal orders and banning orders, which require approval by a sheriff.
	Requires councils to set up Adult Protection Committees to review procedures and practices of specified public bodies relating to the safeguarding of adults at risk.
Part 2 – Adults with Incapacity
	Amends the Adults with Incapacity (Scotland) Act 2000 with a view to improving how it operates in practice.
	Follows a two year project monitoring the implementation of this Act which resulted in a consultation paper “Improving with Experience” issued by the Scottish Executive in August 2005.
	Makes changes to the regime for intromission with the funds of an adult with incapacity; in connection with powers of attorney, intervention orders and guardianship orders; and in connection with orders about incapable adults’ nearest relatives.
Part 3 – Adult Support etc: Miscellaneous amendments and repeals
	Repeals the liable relatives rule as it applies to charging for accommodation provided under the Social Work (Scotland) Act 1968 and section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003. It also clarifies and updates the financial responsibility for community care services when provided in an area other than the area in which the individual is ordinarily resident.
	Amends the Social Work (Scotland) Act 1968 to enable Scottish Ministers to delegate powers to councils in relation to direct payments for social care services.
	Amends the Social Work (Scotland) Act 1968 to clarify that where a local authority have decided that an adult needs community care services and is incapable in relation to decisions about those services that they may take such steps as are necessary to enable the adult to benefit from those services.
	Amends the Social Work (Scotland) Act 1968 to define responsibility for provision of social services where a person receives a service outwith the council area or outwith Scotland.
Part 4 – Mental Health: Miscellaneous amendments and repeals
	Amends the Mental Health (Care and Treatment) (Scotland) Act 2003 in relation to the duty of Mental Health tribunals to review compulsory treatment orders.
	Amends the Mental Health (Care and Treatment) (Scotland) Act 2003 to add an additional test to the criteria for revocation of a patient’s transfer for treatment direction or hospital direction. This allows the direction to be revoked where it is no longer considered necessary for the patient to receive treatment compulsorily in hospital.
	Amends the Mental Health (Care and Treatment) (Scotland) Act 2003 to extend the scope of the regulation-making power to provide for the reception into Scotland of patients subject to corresponding or similar community-based compulsory treatment orders and compulsion orders. Amends section 316(1)(c) of the 2003 Act to extend the scope of the offence of knowingly inducing or assisting a patient to abscond or harbouring a patient to such transfers.
	Amends the Mental Health (Care and Treatment) (Scotland) Act 2003 to provide for a power to make regulations for and in connection with the keeping in charge of a person who is subject to escorted leave of absence authorised under legislation in force in another part of the UK.
	Amends the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision which allows patients subject to compulsion orders with restrictions to be absolutely discharged where it is no longer necessary for such patients to receive that treatment compulsorily.
	Amends Part 3 of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 to ensure that where a relevant application is made in the relevant period but withdrawn before being determined, the application is to be treated for the supervisory review sections of the Act (sections 101,189 and 213) as not having been made.
	Repeals sections 88 and 128 of the Mental Health Act 1983, insofar as they extend to Scotland, in relation to the taking into custody in Scotland of persons who have absconded and the offence of inducing or assisting a patient detained under the Mental Health Act 1983 to abscond.
	Amends the Criminal Procedure (Scotland) Act 1995 to provide that the court may adjourn the case without calling on the accused to plead at the first calling when they may be unfit to do so.