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Section 21 Temporary banning ordersI1

(1)

The sheriff may grant a temporary banning order pending determination of an application for a banning order.

(2)

A temporary banning order may include any provision which may be included in a banning order.

(3)

Where a temporary banning order is granted, the sheriff must determine the related application for a banning order within such period as may be specified in rules made under section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58).

(4)

A temporary banning order expires on the earliest of the following dates—

(a)

the date on which the sheriff determines the related application for a banning order,

(b)

the date by which subsection (3) requires the sheriff to determine the related application for a banning order,

(c)

if the temporary banning order is recalled, the date on which it is recalled,

(d)

any specified expiry date.

Annotations

Commencement

I1

S. 21 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