Section 18B Domestic interdicts: further provisionF1

(1)

Subsection (2) applies if the defender—

(a)

is entitled to occupy a family home;

(b)

is permitted by a third party to occupy it; or

(c)

has, by virtue of section 18(1), occupancy rights in it.

(2)

Except where subsection (3) applies, the court may not grant a domestic interdict prohibiting the defender from entering or remaining in the family home.

(3)

This subsection applies if—

(a)

the interdict is ancillary to an exclusion order; or

(b)

an order under section 18(1) granting or extending occupancy rights is recalled.

Annotations

Textual amendments

F1: Ss. 18A, 18B and preceding cross-heading inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 31(3), 46(2); S.S.I. 2006/212, art. 2