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Matrimonial Homes (Family Protection) (Scotland) Act 1981

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Version Superseded: 06/02/2002

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15 Attachment of powers of arrest to matrimonial interdicts.S

(1)The court shall, on the application of the applicant spouse, attach a power of arrest—

(a)to any matrimonial interdict which is ancillary to an exclusion order, including an interim order under section 4(6) of this Act;

(b)to any other matrimonial interdict where the non-applicant spouse has had the opportunity of being heard by or represented before the court, unless it appears to the court that in all the circumstances of the case such a power is unnecessary.

(2)A power of arrest attached to an interdict by virtue of subsection (1) above shall not have effect until such interdict [F1together with the attached power of arrest] is served on the non-applicant spouse, and such a power of arrest shall, unless previously recalled, cease to have effect upon the termination of the marriage.

(3)If, by virtue of subsection (1) above, a power of arrest is attached to an interdict, a constable may arrest without warrant the non-applicant spouse if he has reasonable cause for suspecting that spouse of being in breach of the interdict.

(4)If, by virtue of subsection (1) above, a power of arrest is attached to an interdict, the applicant spouse shall, as soon as possible after service of the interdict [F2together with the attached power of arrest] on the non-applicant spouse, ensure that there is delivered—

(a)to the chief constable of the police area in which the matrimonial home is situated; and

(b)if the applicant spouse resides in another police area, to the chief constable of that other police area,

a copy of the application for the interdict and of the interlocutor granting the interdict together with a certificate of service of the interdict [F3and, where the application to attach the power of arrest to the interdict was made after the interdict was granted, a copy of that application and of the interlocutor granting it and a certificate of service of the interdict together with the attached power of arrest].

(5)Where any matrimonial interdict to which, by virtue of subsection (1) above there is attached a power of arrest, is varied or recalled, the spouse who applied for the variation or recall shall ensure that there is delivered—

(a)to the chief constable of the police area in which the matrimonial home is situated; and

(b)if the applicant spouse (within the meaning of subsection (6) below) resides in another police area, to the chief constable of that other police area,

a copy of the application for variation or recall and of the interlocutor granting the variation or recall.

(6)In this section and in sections 16 and 17 of this Act—

  • applicant spouse” means the spouse who has applied for the interdict; and

  • non-applicant spouse” shall be construed accordingly.

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