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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A power of arrest comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed.
(2)A power of arrest ceases to have effect—
(a)on the date of expiry specified by the court;
(b)when it is recalled by the court; or
(c)when the interdict to which the power is attached is varied or recalled,
whichever is the earliest.
(3)The duration of a power of arrest must, on the application of the person who obtained it, be extended by the court, if satisfied that—
(a)the interdicted person has been given an opportunity to be heard by, or represented before, the court; and
(b)the extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.
(4)The court, on extending the duration of a power of arrest, must specify a new date of expiry for the power, being a date not later than three years after the date when the extension is granted.
(5)Where the duration of a power of arrest has been extended—
(a)the extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; and
(b)subsection (2) applies as if the date referred to in paragraph (a) of that subsection were the new date of expiry specified by the court in granting the extension.
(6)Subsections (3), (4) and (5) apply to further extensions as they apply to an initial extension.
(7)A power of arrest must be recalled by the court if —
(a)the person who obtained it applies for recall; or
(b)the interdicted person applies for recall and the court is satisfied that—
(i)the person who obtained the power has been given an opportunity to be heard by, or represented before, the court; and
(ii)the power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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