Domestic Abuse (Protection) (Scotland) Act 2021

12 Extension, variation or discharge of order

(1) The sheriff may, before the expiry of a domestic abuse protection order, extend, vary or discharge the order on the application of—

(a) the chief constable,

(b) person A,

(c) person B.

(2) The sheriff may permit a person mentioned in subsection (1) to be a party to proceedings relating to an application made by another person mentioned in that subsection.

(3) Before determining an application under subsection (1), the sheriff must give an opportunity to the chief constable, person A and person B (whether or not the chief constable or person B is a party to the proceedings) to make representations about the application.

(4) When determining the application, the sheriff must—

(a) take into account—

(i) any views of person B of which the sheriff is aware as to whether or not person B wishes the order to be extended, varied or discharged, and

(ii) where person B’s wishes are as mentioned in subsection (5), any reasons for that view of which the sheriff is aware,

(b) take into account any other views of person B in relation to the application of which the sheriff is aware,

(whether the sheriff is aware of those views, and any reasons for them, as a result of representations made to the sheriff by person B or otherwise).

(5) The wishes of person B referred to in subsection (4) are—

(a) a wish for the order not to be extended,

(b) a wish for the order not to be varied so as to add a requirement or prohibition as proposed in the application,

(c) a wish for the order to be varied so as to remove a requirement or prohibition as proposed in the application,

(d) a wish for the order to be discharged.

(6) When determining the application, the sheriff must also take into account—

(a) any representations made to the sheriff by the chief constable or person A,

(b) the welfare of any child whose interests the sheriff considers to be relevant to the application.

(7) Subsection (8) applies where, on an application under subsection (1), the sheriff is considering—

(a) extending or discharging an order which includes provision which relates directly to a child, or

(b) varying an order to—

(i) include provision which would relate directly to a child, or

(ii) remove or alter provision which relates directly to a child.

(8) The sheriff must—

(a) take such steps as are reasonable in the circumstances to give the child an opportunity to express views in relation to the matter, and

(b) take into account any views of the child of which the sheriff is aware (whether as a result of paragraph (a) or otherwise).

(9) In taking account of views of the child under subsection (8)(b), the sheriff must take into account the child’s age and understanding.

(10) In this section and sections 13 and 14, a reference to extending a domestic abuse protection order includes a reference to extending the period for which a particular provision of the order has effect.