Domestic Abuse (Protection) (Scotland) Act 2021

14 Interim extension or variation of order

(1) The sheriff may, on an application under section 12(1) to extend or vary a domestic abuse protection order, extend or (as the case may be) vary the order on an interim basis pending determination of the application.

(2) The sheriff may extend or vary the order under subsection (1) 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—

(a) if the order is not extended or (as the case may be) varied on an interim basis, person A will cause harm to person B,

(b) in the case of an application to vary an order, if the order is varied on an interim basis, person A will cause harm to person B before the application is determined.

(4) The sheriff may extend or vary the order on an interim basis—

(a) even if the chief constable, person A or person B has not been given such notice of the proceedings as is required by rules of court,

(b) without giving the chief constable, person A or person B the opportunity to make representations about the interim extension or (as the case may be) variation of the order,

(c) without the consent of person B.

(5) If the sheriff extends or varies the order on an interim basis in the circumstances described in subsection (4)(a) or (b), the sheriff must hold a hearing in relation to the application under section 12(1) as soon as reasonably practicable.

(6) The extension or variation of an order on an interim basis—

(a) has effect for such period as is specified by the sheriff (but see also section 13(3)),

(b) ceases to have effect, if it has not already done so, on the determination of the application under section 12(1).