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This is the original version (as it was originally enacted).

24Variation or recall of banning order

This sectionnoteType=Explanatory Notes has no associated

(1)The sheriff may vary or recall—

(a)a banning order, or

(b)a temporary banning order,

if satisfied that the variation or recall is justified by a change in the facts or circumstances in respect of which the order was granted or, as the case may be, last varied.

(2)A variation may not vary the date on which the order expires—

(a)in the case of a banning order, beyond the date which is 6 months after the date on which the order was granted,

(b)in the case of a temporary banning order, beyond the date by which section 21(3) requires the sheriff to determine the related application for a banning order.

(3)An order may be so varied or recalled only on an application by or on behalf of—

(a)the subject of the order,

(b)the applicant for the order,

(c)the adult at risk to whom the order relates,

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

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