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The Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008

Type Scottish-Statutory-Instrument

Publication 2008-03-13

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 13th March 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 79(3) and (4) of the Adult Support and Protection (Scotland) Act 2007[^f00001].

Citation

1

This Order may be cited as the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008.

Amendment of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008

2

For article 2(2) of the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008[^f00002] substitute the following–

(2) The following provisions shall come into force on 1st October 2008– (a) section 74; (b) section 77(2) and Schedule 2 insofar as they relate to section 146 of the Mental Health Act 1983[^f00003].

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 13th March 2008

Explanatory note

(This note is not part of the Order)

This Order amends the Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008 to clarify a potential ambiguity in the drafting of article 2(2) of that Order.

This Order provides that section 74 of the Adult Support and Protection (Scotland) Act 2007 (“the 2007 Act”), which repeals section 88 and 128 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) is to come into force on 1st October 2008. It also provides that section 77(2) and Schedule 2 of the 2007 Act, so far as they relate to section 146 of the 1983 Act are to come into force on 1st October 2008. The effect of this provision is the repeal of section 88 and 128 and the partial repeal of section 146 of the 1983 Act.

Footnotes

[^f00001]: 2007 asp 10.

[^f00002]: S.S.I. 2008/49.

[^f00003]: 1983 c. 20.

[^f00004]: 1948 c. 29.

[^f00005]: 1980 c. 46.

[^f00006]: 1986 c. 9.

[^f00007]: 2000 asp 4.

[^f00008]: 2003 c. 39.

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