Domestic Abuse (Protection) (Scotland) Act 2021

18 Applications under sections 8(1) and 12(1): power to specify additional applicants

(1) The Scottish Ministers may by regulations make provision enabling a person mentioned in subsection (2) to make, in circumstances specified in the regulations, an application—

(a) under section 8(1)(b), for a domestic abuse protection order,

(b) under section 12(1), for a domestic abuse protection order to be extended, varied or discharged.

(2) The persons referred to in subsection (1) are—

(a) a local authority,

(b) a local authority landlord,

(c) a registered social landlord,

(d) any other person who the Scottish Ministers consider appropriate.

(3) Before making regulations under subsection (1), the Scottish Ministers must—

(a) consult—

(i) each person to which the regulations relate, or

(ii) to the extent that the regulations enable all persons of a particular type to make an application as mentioned in subsection (1), such persons as appear to the Scottish Ministers to represent the interests of that type of person, and

(b) consult such other persons as the Scottish Ministers consider appropriate.

(4) Regulations under subsection (1) may—

(a) modify any enactment (including this Act),

(b) make incidental, supplementary, consequential, transitional, transitory or saving provision,

(c) make different provision for different purposes.

(5) Regulations under subsection (1) are subject to the affirmative procedure.

(6) In this section—

• “local authority landlord” has the meaning given by section 11(3) of the Housing (Scotland) Act 2001,

• “registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010.