OpenLegislation

Section 20 Criteria for granting banning orderI1

The sheriff may grant a banning order only if satisfied—

(a)

that an adult at risk is being, or is likely to be, seriously harmed by another person,

(b)

that the adult at risk's well-being or property would be better safeguarded by banning that other person from a place occupied by the adult than it would be by moving the adult from that place, and

(c)

that either—

(i)

the adult at risk is entitled, or permitted by a third party, or

(ii)

neither the adult at risk nor the subject is entitled, or permitted by a third party,

to occupy the place from which the subject is to be banned.

Annotations

Commencement

I1

S. 20 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

Notes on Part 1

Modifications

C1

Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2