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Protection from Abuse (Scotland) Act 2001

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1Attachment of power of arrest to interdict

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(1)A person who is applying for, or who has obtained, an interdict for the purpose of protection against abuse may apply to the court for a power of arrest to be attached to the interdict under this Act.

(2)The court must, on such application, attach a power of arrest to the interdict if satisfied that—

(a)the interdicted person has been given an opportunity to be heard by, or represented before, the court;

(b)attaching the power of arrest would not result in the interdicted person being subject, in relation to the interdict, to a power of arrest under both this Act and the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59); and

(c)attaching the power of arrest is necessary to protect the applicant from a risk of abuse in breach of the interdict.

(3)The court, on attaching a power of arrest, must specify a date of expiry for the power, being a date not later than three years after the date when the power is attached.

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