(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.
[F1(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)[F2In 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;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1S. 1(1A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 32(2), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)
F2Words in s. 1(2) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 32(3), 46(2); S.S.I. 2006/212, art. 2 (with art. 4)
F3S. 1(2)(b) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2