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Adult Support and Protection (Scotland) Act 2007

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This is the original version (as it was originally enacted).

20Criteria for granting banning order

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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.

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