LegalizeReform history
Protection from Abuse (Scotland) Act 2001
4 versions
· 2001-11-06
2018-01-25
Protection from Abuse (Scotland) Act 2001
2013-04-01
Protection from Abuse (Scotland) Act 2001
2006-05-04
Protection from Abuse (Scotland) Act 2001
Changes on 2006-05-04
@@ -6,11 +6,27 @@
- (1) A person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act.
- (2) The court must, on such application, attach a power of arrest to the interdict if satisfied that—
- (1A) In the case of an interdict which is—
- (a) a matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)) which is ancillary to—
- (i) an exclusion order within the meaning of section 4(1) of that Act; or
- (ii) an interim order under section 4(6) of that Act; or
- (b) a relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c. 33)) which is ancillary to—
- (i) an exclusion order within the meaning of section 104(1) of that Act; or
- (ii) an interim order under section 104(6) of that Act,
the court must, on an application under subsection (1), attach a power of arrest to the interdict.
- (2) In the case of any other interdict, the court must, on such application, attach a power of arrest to the interdict if satisfied that—
- (a) the interdicted person has been given an opportunity to be heard by, or represented before, the court;
- (b) attaching the power of arrest would not result in the interdicted person being subject, in relation to the interdict, to a power of arrest under both this Act and the Matrimonial Homes (Family Protection) (Scotland) Act [1981 (c. 59)](https://www.legislation.gov.uk/ukpga/1981/59); and
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.
@@ -74,7 +90,7 @@
the person who has obtained such power, extension, variation or recall, or such other person as may be prescribed, must deliver such documents as may be prescribed to the chief constable of any police area in which the relevant interdict has effect or (in the case of paragraph (d)) had effect before it was varied or recalled.
- (2) In this section “relevant interdict” means the interdict to which the power of arrest is or was attached.
- (2) In this section “*relevant interdict*” means the interdict to which the power of arrest is or was attached.
#### Powers and duties of police
@@ -158,13 +174,7 @@
##### 6
Section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act [1981 (c. 59)](https://www.legislation.gov.uk/ukpga/1981/59) is amended as follows—
- (a) in subsection (1), for “The”, at the beginning, there is substituted “Subject to subsection (1A) below, the”; and
- (b) after subsection (1) there is inserted—
> (1A) The court may attach a power of arrest to an interdict by virtue of subsection (1) above only if satisfied that attaching the power would not result in the non-applicant spouse being subject, in relation to the interdict, to a power of arrest under both this Act and the Protection from Abuse (Scotland) Act [2001 (asp 14)](https://www.legislation.gov.uk/asp/2001/14).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation
@@ -172,25 +182,25 @@
In this Act, unless the context otherwise requires—
- “abuse” includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress;
- “conduct” includes— speech; and presence in a specified place or area;
- “court” means the Court of Session or a sheriff;
- “documents” includes documents in electronic form;
- “interdict” includes interim interdict;
- “interdicted person” means— in section 1, the person against whom the power of arrest is sought (being the person or one of the persons prohibited by the interdict mentioned in subsection (1) of that section); and in sections 2 and 4, the person against whom the power of arrest has been granted;
- “parental responsibilities and rights” has the same meaning as in the Children (Scotland) Act [1995 (c. 36)](https://www.legislation.gov.uk/ukpga/1995/36);
- “person” means natural person;
- “power of arrest” means a power of arrest under this Act; and
- “prescribed” means prescribed by rules of court.
- “*abuse*” includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress;
- “*conduct*” includes—speech; andpresence in a specified place or area;
- “*court*” means the Court of Session or a sheriff;
- “*documents*” includes documents in electronic form;
- “*interdict*” includes interim interdict;
- “*interdicted person*” means—in section 1, the person against whom the power of arrest is sought (being the person or one of the persons prohibited by the interdict mentioned in subsection (1) of that section); andin sections 2 and 4, the person against whom the power of arrest has been granted;
- “*parental responsibilities and rights*” has the same meaning as in the Children (Scotland) Act 1995 (c.36);
- “*person*” means natural person;
- “*power of arrest*” means a power of arrest under this Act; and
- “*prescribed*” means prescribed by rules of court.
#### Short title and commencement
2001-11-06
Protection from Abuse (Scotland) Act 2001
original version
Text at this date