{
  "url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021/section-5",
  "json_url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021/section-5.json",
  "legislation": "asp/2021/16",
  "legislation_title": "Domestic Abuse (Protection) (Scotland) Act 2021",
  "legislation_url": "https://openlegislation.uk/domestic-abuse-protection-scotland-act-2021",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Content and effect of notice",
  "text": "(1) A domestic abuse protection notice is a notice which does one or more of the following—\n(a) requires person A to leave any place where person B lives (whether or not it is also a place where person A lives, and even if it is person A's only or main place of residence),\n(b) requires person A to surrender keys to any such place,\n(c) prohibits person A from entering any such place,\n(d) prohibits person A from coming within such distance of any such place as is specified in the notice,\n(e) prohibits person A from excluding person B from any such place,\n(f) prohibits person A from approaching or contacting, or attempting to approach or contact, person B,\n(g) prohibits person A from approaching or contacting, or attempting to approach or contact, any child usually residing with person B.\n(2) The notice may impose a requirement or prohibition mentioned in subsection (1) only if the senior constable who makes the notice considers it necessary for the purpose of protecting person B from abusive behaviour by person A.\n(3) The notice may also require person A—\n(a) at the time the notice is delivered to person A under section 6(4), to either—\n(i) provide the constable delivering the notice with an address at which person A may be given notice of the hearing to be held in accordance with section 11(3), or\n(ii) undertake to provide such an address to a constable by a specified time or to attend a specified police station at a specified time for the purpose of being given notice of the hearing, and\n(b) to comply with any such undertaking.\n(4) The notice—\n(a) takes effect when it is given to person A in accordance with section 6(4) (except that the requirement mentioned in subsection (3) takes effect only if and when person A fails to provide an address in response to a request under section 6(5)),\n(b) ceases to have effect in accordance with section 11(9).\n(5) In subsection (3)(a)(ii), “specified” means specified by the constable delivering the notice to person A under section 6(4).",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2021/16/section/5",
    "retrieved_at": "2026-10-29T20:12:29.724850+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}