Rule 3.35.3 Applications – banning orders and temporary banning ordersF1
Where in an application under subsection (1) of section 19 of the Act (banning orders) an order is sought under subsection (2)(a) or (b) of that section there shall, where appropriate and unless the sheriff otherwise directs, be lodged a plan which clearly identifies the area specified in the application.
An application under section 21 of the Act (temporary banning orders) shall–
be made by crave in the application for the banning order concerned; and
once craved, be moved by motion to that effect.
Where a temporary banning order is granted, the related application for a banning order shall be determined within 6 months of the date of the lodging of that application.
An application under section 24(1)(a) of the Act (variation or recall of banning order) shall be made by minute in the process relating to the banning order.
An application under section 24(1)(b) of the Act (variation or recall of temporary banning order) shall be moved by motion to that effect in the process relating to the application for the banning order concerned.
A minute under paragraph (4) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.