
1 

(1) This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 and comes into force on 31st March 2012.
(2) In this Order “the 2007 Act” means the Adult Support and Protection (Scotland) Act 2007.
2 

(1) Paragraph (2) applies where any function under Part 1 of the 2007 Act is delegated by a local authority to an NHS body by virtue of arrangements made under section 15(1) of the Community Care and Health (Scotland) Act 2002.
(2) Any relevant reference in that Part to—
(a) a “council officer” is to be read as including a reference to an employee of the NHS body;
(b) a “council nominee” is to be read as including a reference to a nominee of the NHS body.
3 

(1) Paragraph (2) applies where any function of a local authority under sections 7 to 11, 14, 16 or 18 of the 2007 Act is delegated by a local authority to an NHS body by virtue of arrangements made under section 15(1) of the Community Care and Health (Scotland) Act 2002.
(2) The restrictions in the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008 apply to an employee of an NHS body who is exercising those functions with the following modifications—
(a) a relevant reference to a “council” is to be read as including a reference to the NHS body; and
(b) a relevant reference to a “council officer” is to be read as including a reference to an employee of the NHS body.
NICOLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
28th February 2012