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The Adult Support and Protection (Scotland) Act 2007: Part 1: Draft Guidance on Adult Protection Committees (APCs)

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4. PROCEDURES

Section 44

45. Section 44 states that:

(1) It is for an Adult Protection Committee to regulate its own procedures.

(2) But those procedures must allow a representative of-

(a) the Mental Welfare Commission for Scotland,
(b) the Public Guardian,
(c) the Care Commission (where it has not nominated a representative to be a member of the Committee), and
(d) any other public body or office-holder as the Scottish Ministers may by order specify,

to attend Committee meetings.

Meeting arrangements

46. Some public bodies with functions relating to the protection of adults at risk are not required to nominate members to APCs, but this section requires APCs to allow representatives form these bodies to attend Committee meetings. At present, these are the Mental Welfare Commission and the Public Guardian, and in APCs where a member has not been nominated under section 43, the Care Commission.

Adult Protection Committee procedures

47. The Act allows APCs to regulate their own procedures. To enable APCs to meet their statutory duties, procedures should address those functions set out in section 42 of the Act, namely:

  • reviewing adult protection practices;
  • improving co-operation;
  • improving skills and knowledge;
  • providing information and advice; and
  • promoting good communication.

48. They will need to reflect terms of reference for the APC and any subgroups, which may go beyond the statutory requirements, and support programme planning for the Committee and its cycle of activities.

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Page updated: Wednesday, May 21, 2008