Domestic Abuse (Protection) (Scotland) Act 2021

5 Content and effect of notice

(1) A domestic abuse protection notice is a notice which does one or more of the following—

(a) requires person A to leave any place where person B lives (whether or not it is also a place where person A lives, and even if it is person A’s only or main place of residence),

(b) requires person A to surrender keys to any such place,

(c) prohibits person A from entering any such place,

(d) prohibits person A from coming within such distance of any such place as is specified in the notice,

(e) prohibits person A from excluding person B from any such place,

(f) prohibits person A from approaching or contacting, or attempting to approach or contact, person B,

(g) prohibits person A from approaching or contacting, or attempting to approach or contact, any child usually residing with person B.

(2) The notice may impose a requirement or prohibition mentioned in subsection (1) only if the senior constable who makes the notice considers it necessary for the purpose of protecting person B from abusive behaviour by person A.

(3) The notice may also require person A—

(a) at the time the notice is delivered to person A under section 6(4), to either—

(i) provide the constable delivering the notice with an address at which person A may be given notice of the hearing to be held in accordance with section 11(3), or

(ii) undertake to provide such an address to a constable by a specified time or to attend a specified police station at a specified time for the purpose of being given notice of the hearing, and

(b) to comply with any such undertaking.

(4) The notice—

(a) takes effect when it is given to person A in accordance with section 6(4) (except that the requirement mentioned in subsection (3) takes effect only if and when person A fails to provide an address in response to a request under section 6(5)),

(b) ceases to have effect in accordance with section 11(9).

(5) In subsection (3)(a)(ii), “specified” means specified by the constable delivering the notice to person A under section 6(4).