Harassment amounting to domestic abuse
1Harassment amounting to domestic abuse
1
In section 8 (harassment) of the Protection from Harassment Act 1997 (c.40), after subsection (1) insert––
1A
Subsection (1) is subject to section 8A.
2
After that section insert––
8AHarassment amounting to domestic abuse
1
Every individual has a right to be free from harassment and, accordingly, a person must not engage in conduct which amounts to harassment of another and—
a
is intended to amount to harassment of that person; or
b
occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
2
Subsection (1) only applies where the conduct referred to amounts to domestic abuse.
3
Subsections (2) to (7) of section 8 apply in relation to subsection (1) as they apply in relation to subsection (1) of that section but with the following modifications––
a
in subsections (2) and (4), the words “course of” are omitted;
b
for subsection (3) there is substituted—
3
For the purposes of this section—
“conduct”––
- a
may involve behaviour on one or more than one occasion; and
- b
includes—
- i
speech; and
- ii
presence in any place or area; and
“harassment” of a person includes causing the person alarm or distress.
c
in subsection (4)(b), for “pursued” substitute
“ engaged in ”.
3
In section 9(1)
(breach of non-harassment order) of that Act, after “section 8” insert “
or section 8A
”
.
4
In section 18B(1)
(actions of harassment) of the Prescription and Limitation (Scotland) Act 1973 (c.52), after “section 8” insert “
or section 8A
”
.
5
In section 2(1)(b)(ii)
(transmission of deceased's rights to executor) of the Damages (Scotland) Act 2011 (asp 7), after “section 8” insert “
or section 8A
”
.