Protection from Abuse (Scotland) Act 2001 Explanatory Notes

Section 6: Amendment to the Matrimonial Homes (Family Protection) (Scotland) Act 1981

42.Section 6 amends the Matrimonial Homes (Family Protection) (Scotland) Act 1981, so as to provide that an individual cannot be granted a power of arrest under that Act if he or she has already been granted a power of arrest under this Act. This is consistent with section 1(2)(b) of the Act, which provides that an individual cannot be granted a power of arrest under the Act if he or she has already been granted a power of arrest under the 1981 Act. The rationale for this is explained earlier at paragraph 17.

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