Domestic Abuse (Scotland) Act 2011

JurisdictionScotland
Citation2011 asp 13
(1) In section 8 (harassment) of the Protection from Harassment Act 1997 (c.40) , after subsection (1) insert––
  • “(1A) Subsection (1) is subject to section 8A.
Subsection (1) is subject to section 8A.(2) After that section insert––
    (8A) Harassment amounting to domestic abuse
  • “(1) Every individual has a right to be free from harassment and, accordingly, a person must not engage in conduct which amounts to harassment of another and—
  • (a) is intended to amount to harassment of that person; or
  • (b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
is intended to amount to harassment of that person; oroccurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.Subsection (1) only applies where the conduct referred to amounts to domestic abuse.in subsections (2) and (4) , the words “course of” are omitted;for subsection (3) there is substituted—
  • (3) For the purposes of this section—
    • “conduct”––
      • (a) may involve behaviour on one or more than one occasion; and
      • (b) includes—
        • (i) speech; and
        • (ii) presence in any place or area; and
    • “harassment” of a person includes causing the person alarm or distress.
; and
For the purposes of this section—
  • “conduct”––
    • (a) may involve behaviour on one or more than one occasion; and
    • (b) includes—
      • (i) speech; and
      • (ii) presence in any place or area; and
  • “harassment” of a person includes causing the person alarm or distress.
in subsection (4) (b) , for “pursued” substitute “ engaged in ”.(3) In section 9(1) (breach of non-harassment order) of that Act, after “section 8” insert “ or section 8A ”.(4) In section 18B(1) (actions of harassment) of the Prescription and Limitation (Scotland) Act 1973 (c.52) , after “section 8” insert “ or section 8A ”.(5) In section 2(1) (b) (ii) (transmission of deceased's rights to executor) of the Damages (Scotland) Act 2011 (asp 7) , after “section 8” insert “ or section 8A ”.on or after the date on which this section comes into force, an interdict is granted against a person,a determination has been made under section 3(1) that the interdict is a domestic abuse interdict,that determination is in effect,a power of arrest is attached to the interdict under section 1(1A) or (2) of the Protection from Abuse (Scotland) Act 2001 (asp 14) , andthat power of arrest is in effect.(2) A person who breaches an interdict to which this section applies is guilty of an offence.on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or

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