Part 1Protection of adults at risk of harm

Banning orders

24Variation or recall of banning order

1

The sheriff may vary or recall—

a

a banning order, or

b

a temporary banning order,

if satisfied that the variation or recall is justified by a change in the facts or circumstances in respect of which the order was granted or, as the case may be, last varied.

2

A variation may not vary the date on which the order expires—

a

in the case of a banning order, beyond the date which is 6 months after the date on which the order was granted,

b

in the case of a temporary banning order, beyond the date by which section 21(3) requires the sheriff to determine the related application for a banning order.

3

An order may be so varied or recalled only on an application by or on behalf of—

a

the subject of the order,

b

the applicant for the order,

c

the adult at risk to whom the order relates,

d

any other person who has an interest in the adult at risk’s well-being or property.