Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest
32Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest
1
Section 1 of the Protection from Abuse (Scotland) Act 2001 (asp 14) (attachment of power of arrest to interdict) shall be amended as follows.
2
After subsection (1) there shall be inserted—
1A
In the case of an interdict which is—
a
a matrimonial interdict (as defined by section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)) which is ancillary to—
i
an exclusion order within the meaning of section 4(1) of that Act; or
ii
an interim order under section 4(6) of that Act; or
b
a relevant interdict (as defined by section 113(2) of the Civil Partnership Act 2004 (c. 33)) which is ancillary to—
i
an exclusion order within the meaning of section 104(1) of that Act; or
ii
an interim order under section 104(6) of that Act,
the court must, on an application under subsection (1), attach a power of arrest to the interdict.
3
In subsection (2), at the beginning there shall be inserted “In the case of any other interdict,”.