6Amendment of the Matrimonial Homes (Family Protection) (Scotland) Act 1981

Section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) is amended as follows—

a

in subsection (1), for “The”, at the beginning, there is substituted “Subject to subsection (1A) below, the”; and

b

after subsection (1) there is inserted—

1A

The court may attach a power of arrest to an interdict by virtue of subsection (1) above only if satisfied that attaching the power would not result in the non-applicant spouse being subject, in relation to the interdict, to a power of arrest under both this Act and the Protection from Abuse (Scotland) Act 2001 (asp 14).