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(1)An application for a banning order may be made only by or on behalf of—
(a)an adult whose well-being or property would be safeguarded by the order,
(b)any other person who is entitled to occupy the place concerned, or
(c)where subsection (2) applies, the council.
(2)The council must apply for a banning order if it is satisfied—
(a)as to the matters set out in section 20,
(b)that nobody else is likely to apply for a banning order in respect of the circumstances which caused the council to be satisfied as to those matters, and
(c)that no other proceedings (under this Part or otherwise) to eject or ban the person concerned from the place concerned are depending before a court.
(3)An applicant for a banning order may also apply for a temporary banning order in respect of the same case.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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