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Domestic Abuse (Protection) (Scotland) Act 2021
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16Effect of making of appeal on decision appealed against
This section has no associated Explanatory Notes
(1)A decision of a sheriff mentioned in subsection (2) is, for the purposes of section 110 of the Courts Reform (Scotland) Act 2014 (the “2014 Act”), a decision constituting final judgment in civil proceedings.
(2)The decisions referred to in subsection (1) are—
(a)a decision to make, or refuse to make, a domestic abuse protection order,
(b)a decision to extend, vary or discharge, or refuse to extend, vary or discharge, a domestic abuse protection order.
(3)Subsection (5) applies where a decision mentioned in subsection (4) is appealed against under section 110 of the 2014 Act.
(4)The decisions referred to in subsection (3) are—
(a)a decision mentioned in subsection (2),
(b)a decision to make, or refuse to make, an interim domestic abuse protection order,
(c)a decision to extend, vary or discharge, or refuse to extend, vary or discharge, an interim domestic abuse protection order,
(d)a decision to extend or vary, or refuse to extend or vary, on an interim basis a domestic abuse protection order or an interim domestic abuse protection order.
(5)The decision appealed against continues in effect until the appeal is disposed of, unless suspended by—
(a)the Sheriff Appeal Court, or
(b)where the appeal is remitted to the Court of Session under section 112 of the 2014 Act—
(i)the Sheriff Appeal Court, or
(ii)the Court of Session.
(6)Subsection (7) applies where a decision of the Sheriff Appeal Court in an appeal under section 110 of the 2014 Act against a decision mentioned in subsection (4) is appealed against under section 113 of that Act.
(7)The decision appealed against continues in effect until the appeal is disposed of, unless suspended by—
(a)the Sheriff Appeal Court, or
(b)the Court of Session.
(8)But where the decision appealed against under section 113 of the 2014 Act is a decision to remit the case back to the sheriff, the sheriff may not take any further action in the case until the appeal under that section is disposed of.
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