Information

Adult Support and Protection (Scotland) Act 2007: Code of Practice

This revised Code of Practice aims to reflect the developments in policy, practice and legislation both in the overall context of adult support and protection and in day-to-day activity. It provides information and detail to support practical application of the 2007 Act.


Chapter 15: Offences

Obstruction

Section 49 provides that it is an offence to prevent or obstruct any person from doing anything they are authorised or entitled to do under the Act, without reasonable excuse. It is also an offence to refuse, without reasonable excuse, to comply with a request to provide information made under Section 10 (examination of records etc.). However if the adult at risk prevents or obstructs a person, or refuses to comply with a request to provide access to any records, then the adult will not have committed an offence.

A person found guilty of these offences is liable on summary conviction to:

  • a fine not exceeding level 3 on the standard scale; and/or
  • imprisonment for a term not exceeding 3 months.

Offences by corporate bodies etc.

Where it is proven that an offence under Part 1 of the Act was committed with the consent or connivance of, or was attributable to any neglect on the part of a 'relevant person', or a person purporting to act in that capacity, that person as well as the body corporate, partnership or unincorporated association is also guilty of an offence.

A 'relevant person' for the purposes of this section means:

  • a director, manager, secretary or other similar officer of a body corporate such as limited company, a plc., or a company established by a charter or by Act of Parliament;
  • a member, where the affairs of the body are managed by its members;
  • an officer or member of the council;
  • a partner in a Scottish partnership; or
  • a person who is concerned in the management or control of an unincorporated association other than a Scottish partnership.

An unincorporated association is the most common form of organisation within the independent and third sector in Scotland. It is a contractual relationship between the individual members of the organisation, all of whom have agreed or "contracted" to come together for a particular charitable purpose. Unlike an incorporated body the association has no existence or personality separate from its individual members.

Links to other legislation and guidance

Adult Support and Protection (Scotland) Act 2007 (legislation.gov.uk)

Adult support and protection: learning review guidance - gov.scot (www.gov.scot) Adult Support and Protection National Strategic Forum - gov.scot (www.gov.scot) Adults with Incapacity (Scotland) Act 2000 (legislation.gov.uk)

advance_statement_guidancesep2018revision.pdf (mwcscot.org.uk)

Appropriate Adults: guidance for local authorities - gov.scot (www.gov.scot)

ASP Code of Practice (revised)

British Sign Language

Care Inspectorate

Carers (Scotland) Act 2016

Children's Rights and the UNCRC in Scotland: An Introduction

Clinical pathway for healthcare professionals working to support adults who present having experienced rape or sexual assault

Counter-Terrorism and Security Act 2015

Criminal Justice (Scotland) Act 2016

Data Protection Act 2018

Domestic Abuse (Scotland) Act 2018

Equality Act 2010

European Convention on Human Rights (ECHR)

Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

Guidance on Prevent Multi-Agency panels

Health (Tobacco, Nicotine etc., and Care) (Scotland) Act 2016

Ico.org.uk (public-task)

Inclusion Scotland

Inclusive-communication and accessible-communication-formats

Learning from Adverse Events (healthcareimprovementscotland.org)

Local Government (Scotland) Act 1973

Makaton

Matrimonial Homes (Family Protection) (Scotland) Act 1981

Mental Health (Care and Treatment) (Scotland) Act 2003

National Guidance for Child Protection in Scotland 2021

Office of the Public Guardian (Scotland)

Public Bodies (Joint Working) (Scotland) Act 2014

Royal Society of Speech and Language Therapists

Scotland Act 1998

Scottish Independent Advocacy Alliance

Social Care (Self-directed Support) (Scotland) Act 2013

Supporting disabled children, young people and their families: guidance - gov.scot

Talkingmats.com

The Criminal Justice (Scotland) Act 2016 (Support for Vulnerable Persons) Regulations 2019

Trauma-informed practice: toolkit - gov.scot (www.gov.scot)

UK General Data Protection Regulation (UK GDPR)

UNCRC (Incorporation) (Scotland) Bill

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

Vulnerable Witnesses (Scotland) Act 2004

Contact

Email: Heather.Gibson@gov.scot

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