Explanatory Notes

Adult Support and Protection (Scotland) Act 2007

2007 asp 10

21 March 2007

The Act – an Overview

Part 1 .Protection of Adults at Risk of Harm

Banning orders

Section 21 – Temporary banning orders

34.This allows for temporary banning orders to be granted by a sheriff pending determination of a banning order. Temporary orders may include any of the provisions contained in a banning order. If a temporary banning order is granted, the sheriff must grant or refuse the full banning order within a time limit to be fixed in court rules. The expiry of a temporary banning order will be the earliest of: the date specified at the time of granting; the date the order is recalled; the date on which the sheriff determines the banning order or the date by which the sheriff is required to determine the banning order by virtue of court rules.