Explanatory Notes

Adult Support and Protection (Scotland) Act 2007

2007 asp 10

21 March 2007

The Act – an Overview

Part 1 .Protection of Adults at Risk of Harm

Banning orders

Section 24 – Variation or recall of banning order

39.This section allows the sheriff to vary or recall a banning order or temporary banning order, but only if he or she is satisfied that there has been a change in the facts or circumstances in respect of which the banning order was made or last varied.

40.An application for variation or recall can only be made by the banned person, the person who originally applied for the order, the adult who is being protected by the order, or any other person claiming an interest in the well-being or property of the adult at risk. An application can also be made by those who are acting on behalf of those listed above.