Domestic interdicts

Domestic interdicts: further provision
18B
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.
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