Textual Amendments
F1Ss. 254A-254E and cross-heading inserted (11.3.2015) by The European Protection Order (Scotland) Regulations 2015 (S.S.I. 2015/107), regs. 1(2), 2(2)
(1)This section applies to non-harassment orders made under section 254D(1).
(2)Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been modified, the sheriff must—
(a)modify the non-harassment order so that the requirements as to the offender’s conduct contained in the modified non-harassment order correspond, to the highest degree possible, to the prohibitions or restrictions contained in the modified European Protection Order;
(b)where the information submitted by the competent authority of the issuing state in relation to the modification of the European Protection Order is incomplete, refuse to modify the non-harassment order until the missing information is provided by the competent authority of the issuing state; or
(c)where the prohibitions or restrictions contained in the modified European Protection Order no longer constitute a protection measure, revoke the non-harassment order.
(3)A sheriff may, on the application of an offender to whom a non-harassment order relates, modify the order on either or both of the following grounds—
(a)that the requirements as to the offender’s conduct contained in the non-harassment order do not correspond, or do not correspond sufficiently, to the prohibitions or restrictions contained in the European Protection Order to which the non-harassment order relates;
(b)the European Protection Order to which the non-harassment order relates has been modified by the competent authority of the issuing state and the non-harassment order should be modified in a similar manner.
(4)Where a sheriff is informed by a competent authority of an issuing state that the European Protection Order to which a non-harassment order relates has been revoked or withdrawn, the sheriff must revoke the non-harassment order.
(5)A sheriff may, on the application of an offender to whom a non-harassment order relates, revoke the order on any of the following grounds—
(a)the recognition of the European Protection Order to which the non-harassment order relates should have been refused on one of the grounds specified in section 254C(3);
(b)the protected person no longer resides or stays in Scotland;
(c)where the prohibitions or restrictions contained in the European Protection Order have been modified and no longer constitute a protection measure;
(d)the European Protection Order has been revoked or withdrawn by the competent authority of the issuing state; or
(e)a decision on supervision measures, within the meaning of Article 4 of Framework Decision 2009/829/JHA, which includes the prohibitions or restrictions contained in the European Protection Order, is transferred to Scotland after the recognition of the European Protection Order.
(6)Where a sheriff modifies or revokes a non-harassment order under this section, the sheriff must inform—
(a)the competent authority of the issuing state; and
(b)where possible—
(i)the protected person, and
(ii)the offender.]