- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Domestic Abuse (Protection) (Scotland) Act 2021, Section 10.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
(1)The sheriff may make an interim domestic abuse protection order (an “interim order”) pending determination of an application under section 8(1).
(2)The sheriff may make an interim order only if the sheriff considers, on the balance of convenience, that it is just to do so.
(3)In deciding whether it is, on the balance of convenience, just, the sheriff must have regard to all the circumstances, including any risk that, if an interim order is not made, person A will cause harm to person B.
(4)An interim order may do anything which a domestic abuse protection order could do (see section 9(1) to (4)).
(5)The sheriff may make an interim order—
(a)even if person A or person B has not been given such notice of the proceedings as is required by section 11(5) or rules of court,
(b)without giving person A or person B an opportunity to make representations about the interim order,
(c)without the consent of person B.
(6)If the sheriff makes an interim order in the circumstances described in subsection (5)(a) or (b), the sheriff must hold a hearing in relation to the application under section 8(1) as soon as reasonably practicable.
(7)An interim order—
(a)has effect for such period not exceeding three weeks as is specified in the order,
(b)ceases to have effect, if it has not already done so, on the determination of the application under section 8(1).
(8)In sections 12 to 14, a reference to a domestic abuse protection order includes a reference to an interim order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: