OpenLegislation

Section 22 Right to apply for banning orderI1

(1)

An application for a banning order may be made only by or on behalf of—

(a)

an adult whose well-being or property would be safeguarded by the order,

(b)

any other person who is entitled to occupy the place concerned, or

(c)

where subsection (2) applies, the council.

(2)

The council must apply for a banning order if it is satisfied—

(a)

as to the matters set out in section 20,

(b)

that nobody else is likely to apply for a banning order in respect of the circumstances which caused the council to be satisfied as to those matters, and

(c)

that no other proceedings (under this Part or otherwise) to eject or ban the person concerned from the place concerned are depending before a court.

(3)

An applicant for a banning order may also apply for a temporary banning order in respect of the same case.

Annotations

Commencement

I1

S. 22 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