Search Legislation

Adult Support and Protection (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

19Banning orders

This section has no associated Explanatory Notes

(1)A banning order is an order granted by the sheriff which bans the subject of the order (“the subject”) from being in a specified place.

(2)A banning order may also—

(a)ban the subject from being in a specified area in the vicinity of the specified place,

(b)authorise the summary ejection of the subject from the specified place and the specified area,

(c)prohibit the subject from moving any specified thing from the specified place,

(d)direct any specified person to take specified measures to preserve any moveable property owned or controlled by the subject which remains in the specified place while the order has effect,

(e)be made subject to any specified conditions,

(f)require or authorise any person to do, or to refrain from doing, anything else which the sheriff thinks necessary for the proper enforcement of the order.

(3)A condition specified in a banning order may, in particular, authorise the subject to be in the place or area from which the subject is banned in specified circumstances (for example, while being supervised by another person or during specified times).

(4)The sheriff must, before including a condition of the type mentioned in subsection (3), have regard to any relevant representations made by—

(a)the applicant for the order,

(b)the adult at risk,

(c)any other person who has an interest in the adult at risk’s well-being or property, and

(d)the subject.

(5)A banning order expires on the earliest of the following dates—

(a)any specified expiry date,

(b)if the banning order is recalled, the date on which it is recalled,

(c)the date which falls 6 months after the date on which it is granted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources