Search Legislation

Domestic Abuse (Protection) (Scotland) Act 2021

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

Prospective version(s) available. Help about Status

Close

Status

The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.

The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.

To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.

Status:

This is the original version (as it was originally enacted).

8Making of domestic abuse protection order

This section has no associated Explanatory Notes

(1)The chief constable—

(a)must apply to the sheriff for a domestic abuse protection order in relation to a person to whom a domestic abuse protection notice is given,

(b)may apply to the sheriff for a domestic abuse protection order in relation to a person in any other case.

(2)The sheriff may make the order—

(a)only if the sheriff is satisfied that—

(i)person A has engaged in behaviour which is abusive of person B,

(ii)there is an immediate or imminent risk of person A engaging in further behaviour which is abusive of person B, and

(iii)it is necessary to make the order for the purpose of protecting person B from abusive behaviour by person A,

(b)without the consent of person B (but see subsection (7)).

(3)It does not matter whether the abusive behaviour referred to in subsection (2)(a)(i) took place in Scotland or elsewhere.

(4)The abusive behaviour referred to in subsection (2)(a)(iii) must include, but need not be limited to, the behaviour referred to in subsection (2)(a)(ii).

(5)The sheriff may permit person B to be a party to the proceedings.

(6)Before determining an application under subsection (1), the sheriff must give an opportunity to the chief constable, person A and person B (whether or not person B is a party to the proceedings) to make representations about the application.

(7)When determining the application, the sheriff must—

(a)take into account—

(i)any views of person B of which the sheriff is aware as to whether or not person B wishes an order to be made, and

(ii)where person B does not wish an order to be made, any reasons for that view of which the sheriff is aware,

(b)take into account any other views of person B in relation to the application of which the sheriff is aware,

(whether the sheriff is aware of those views, and any reasons for them, as a result of representations made to the sheriff by person B or otherwise).

(8)When determining the application, the sheriff must also take into account—

(a)any representations made to the sheriff by the chief constable or person A,

(b)the welfare of any child whose interests the sheriff considers to be relevant to the application.

(9)Subsection (10) applies where, on an application under subsection (1), the sheriff is considering making provision in an order which would relate directly to a child.

(10)The sheriff must—

(a)take such steps as are reasonable in the circumstances to give the child an opportunity to express views in relation to the matter, and

(b)take into account any views of the child of which the sheriff is aware (whether as a result of paragraph (a) or otherwise).

(11)In taking account of views of the child under subsection (10)(b), the sheriff must take into account the child’s age and understanding.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources