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.


Glossary

Introduction

This glossary is for illustrative purposes only and is not intended to be prescriptive. Full statutory definitions of many of the terms are contained in Section 53 of the Act, and it is those that should be used in any process or situation where precise definition is required.

Adjacent place A place near or next to any place where an adult at risk may be, such as a garage, outbuilding etc.

Adult An individual aged 16 years or over

Adult at risk Refer to Chapter 2 for the full definition

Adult Protection A committee established by a council, under Section 42 of the Committee Act, to safeguard adults at risk in its area.

Advance Statement A statement made under Section 275 of the Mental Health (Care and Treatment) (Scotland) Act 2003, setting out how a person would, or would not, wish to be treated should they subsequently require care under that Act.

Assessment Order An order granted by a sheriff to help the council decide whether the person is an adult at risk and, if so, whether it needs to do anything to protect the person from harm.

Banning /Temporary Banning order

Anorder granted by a sheriff to ban a person from being in aspecified place or area. The order may have specified conditions attached.

Coercive Control A pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

Council Officer An individual appointed by a council to perform certain specified function under the terms of the Act.

General Practices (a) A person providing primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978)

(b) A person providing primary medical services under arrangements made under Section 17c of that Act.

Health Professional In terms of the Act, this refers to a doctor, nurse, midwife or any other type of individual prescribed by Scottish Ministers.

Inquiry The overarching process, as per section 4, to gather information to establish whether or not an adult is at risk of harm (as per the three-point criteria of the Act); conduct risk assessment; develop risk management plans; determine what, if any, action is required to be taken to safeguard that adult.

Investigative powers (investigation activity)

Powers under the Act that enable or assist councils to determine whether or not an adult is at risk of harm and to determine whether it needs to do anything to protect an adult at risk of harm (for example medical examinations under section 9 or the examination of records under section 10).

Primary Carer The individual who provides all or most of the care and support for the person concerned. This could be a relative or friend, but does not include any person paid to care for the person.

Proxy A continuing or welfare attorney, or a guardian under the Adults with Incapacity (Scotland) Act 2000.

Undue Influence Pressure by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences.

Undue pressure Persuasion imposed on an individual by someone in whom the individual has confidence and trust.

Contact

Email: Heather.Gibson@gov.scot

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