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Protection from Abuse (Scotland) Act 2001
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6Amendment of the Matrimonial Homes (Family Protection) (Scotland) Act 1981
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Section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) is amended as follows—
(a)in subsection (1), for “The”, at the beginning, there is substituted “Subject to subsection (1A) below, the”; and
(b)after subsection (1) there is inserted—
“(1A)The court may attach a power of arrest to an interdict by virtue of subsection (1) above only if satisfied that attaching the power would not result in the non-applicant spouse being subject, in relation to the interdict, to a power of arrest under both this Act and the Protection from Abuse (Scotland) Act 2001 (asp 14).”
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