Adult Support & Protection Code of Practice: Consultation

3. Background

4. The Adult Support & Protection (Scotland) Act 2007 (the Act) was passed by the Scottish Parliament in spring 2007. The Code of Practice fulfills the obligation placed on Scottish Ministers by Section 48 of the Act, to prepare a code of practice containing guidance about the performance of functions by councils and their officers and health professionals under the Act.

5. It provides information and guidance on the principles of the Act, about the measures contained within the Act, including when and where it would normally be appropriate to use such powers.

6. Section 48 of the Act in addition to imposing on Scottish Ministers to prepare a code of practice containing guidance for those exercising functions under Part 1 of the Act, places a duty on councils, council officers and health professionals performing functions under Part 1 of the Act to have regard to the Code of Practice.

7. This Code is addressed to anyone who is authorized or required to perform any of the functions under the Act. This means primarily council officers from local authorities, but also health professionals and the police, as well as the statutory bodies identified later in the Code. It should also be considered by those working in the voluntary and private sectors. The revised Code has been prepared by a working group of professionals drawn from the public, voluntary and private sectors in Scotland, in conjunction with the Scottish Government Mental Health and Protection of Rights Division.