Antisocial Behaviour etc. (Scotland) Act 2004

105 Review of order S

(1) On the application of a relevant applicant the court that made a parenting order may, if it considers that it would be appropriate to do so—

(a) revoke the order; or

(b) vary the order by—

(i) deleting any of the requirements specified in the order;

(ii) adding a new requirement;

(iii) altering the period specified for the purpose of section 103(1)(b).

(2) In subsection (1), “relevant applicant” means—

(a) the person specified in the order;

(b) the child in respect of whom the order was made;

(c) the local authority for the area in which the person specified in the order ordinarily resides.

(3) Before an application is made under subsection (1) by a local authority, it shall consult the Principal Reporter.

(4) Where an application under subsection (1) for the revocation or, as the case may be, variation, of a parenting order is refused, another such application by the same applicant under that subsection for revocation or, as the case may be, variation, may be made only with the consent of the court that made the order.

(5) Where the court that made a parenting order is satisfied that—

(a) the person specified in the order proposes to change, or has changed, the person’s place of ordinary residence; and

(b) it is appropriate to make an order specifying the sheriff of another sheriffdom as the court that may entertain applications under subsection (1),

it may make such an order; and in such a case, this section shall be read as if references to the court that made the order were references to that sheriff.