C1Part 1Protection of adults at risk of harm

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Banning orders

I120Criteria for granting banning order

The sheriff may grant a banning order only if satisfied—

a

that an adult at risk is being, or is likely to be, seriously harmed by another person,

b

that the adult at risk's well-being or property would be better safeguarded by banning that other person from a place occupied by the adult than it would be by moving the adult from that place, and

c

that either—

i

the adult at risk is entitled, or permitted by a third party, or

ii

neither the adult at risk nor the subject is entitled, or permitted by a third party,

to occupy the place from which the subject is to be banned.