Part 1Protection of adults at risk of harm

Banning orders

21Temporary banning orders

(1)

The sheriff may grant a temporary banning order pending determination of an application for a banning order.

(2)

A temporary banning order may include any provision which may be included in a banning order.

(3)

Where a temporary banning order is granted, the sheriff must determine the related application for a banning order within such period as may be specified in rules made under section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58).

(4)

A temporary banning order expires on the earliest of the following dates—

(a)

the date on which the sheriff determines the related application for a banning order,

(b)

the date by which subsection (3) requires the sheriff to determine the related application for a banning order,

(c)

if the temporary banning order is recalled, the date on which it is recalled,

(d)

any specified expiry date.