[F1 Domestic interdicts S

Textual Amendments

F1 Ss. 18A, 18B and preceding cross-heading inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 31(3), 46(2); S.S.I. 2006/212, art. 2

18B Domestic interdicts: further provision S

(1) Subsection (2) applies if the defender—

(a) is entitled to occupy a family home;

(b) is permitted by a third party to occupy it; or

(c) has, by virtue of section 18(1), occupancy rights in it.

(2) Except where subsection (3) applies, the court may not grant a domestic interdict prohibiting the defender from entering or remaining in the family home.

(3) This subsection applies if—

(a) the interdict is ancillary to an exclusion order; or

(b) an order under section 18(1) granting or extending occupancy rights is recalled.]