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Version Superseded: 04/05/2006
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There are currently no known outstanding effects for the Protection from Abuse (Scotland) Act 2001, Section 1.
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(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—
(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); and
(c)attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.
(3)The court, on attaching a power of arrest, must specify a date of expiry for the power, being a date not later than three years after the date when the power is attached.
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