Section 14 – Interim extension or variation of order
108.Section 14 makes provision enabling a sheriff to extend or vary a DAPO or interim DAPO on an interim basis, pending determination of the application, when considering an application to extend or vary a DAPO or interim DAPO made under section 12(1).
109.Section 14(2) provides that the sheriff may vary or extend the order on an interim basis only if they consider, on the balance of convenience that it is just to do so.
110.Section 14(3) provides that, in deciding whether it is, on the balance of convenience, just, the sheriff must have regard to all the circumstances including any risk that if the order is not extended or varied on an interim basis, person A will cause harm to person B or, in the case of an application to vary an order, that if the order is varied on an interim basis, person A will cause harm to person B before the application is determined. This may be especially relevant in a case where person A applies to the court to vary the order by removing a prohibition or requirement.
111.Section 14(4) provides that the sheriff may extend or vary the DAPO or interim DAPO on an interim basis even if the chief constable, person A or person B has not been given notice of the proceedings, and without giving the chief constable, person A, or person B the opportunity to make representations about the interim extension or variation of the order. Section 14(5) provides that where the sheriff does so, they must hold a hearing in relation to the application under section 12(1) as soon as reasonably practicable. Section 14(4)(c) provides that the consent of person B is not required in order for a DAPO or interim DAPO to be extended or varied on an interim basis.
112.Section 14(6) provides that the extension or variation of a DAPO or interim DAPO on an interim basis has effect for such a period as is specified by the sheriff, subject to the limits on the extension of a DAPO or interim DAPO set out at section 13(3) and that it ceases to have effect, if it has not already done so, when the application under section 12(1) has been determined.
