Contents
Part 1 · Domestic abuse protection notices and orders
Interpretative provision
21Interpretation of Part#
In this Part—• “chief constable” means the chief constable of the Police Service of Scotland,• “child” means a person who is under the age of 18,• “constable” means a constable within the meaning of section 99(1) of the Police and Fire Reform (Scotland) Act 2012,• “court day” means, in relation to an application for a domestic abuse protection order, a day which is not—(a) a Saturday or Sunday, or(b) a day which, by virtue of an order made under section 28(1) of the Courts Reform (Scotland) Act 2014, is a court holiday in the sheriff court in which the sheriff to whom the application is made is sitting,• “domestic abuse protection notice” means a notice made under section 4(1),• “domestic abuse protection order” means an order made under section 8(2),• “interim domestic abuse protection order” means an order made under section 10(1),• “person A” and “person B” are to be construed in accordance with section 1(5),• “senior constable” means a constable holding the rank of inspector or above.
Persons to whom, and behaviour to which, notices and orders may relate
2Meaning of abusive behaviour#
(1)In this Part, “abusive behaviour by person A” means behaviour by person A which is abusive of person B.
(2)Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm.
(3)Behaviour is behaviour of any kind, including (for example)—
(a)saying or otherwise communicating something as well as doing something,
(b)intentionally failing—
(i)to do something,
(ii)to say or otherwise communicate something.
(4)Behaviour directed at a person is such behaviour however carried out, including (in particular)—
(a)by way of conduct towards property,
(b)through making use of a third party,
as well as behaviour in a personal or direct manner.
(5)In subsection (2), the reference to psychological harm includes fear, alarm and distress.
(6)Behaviour may consist of a single incident or a course of conduct.
3What constitutes abusive behaviour#
(1)Subsections (2) to (4) elaborate on when behaviour by person A is abusive of person B.
(2)Behaviour which is abusive of person B includes (in particular)—
(a)behaviour directed at person B that is violent, threatening or intimidating,
(b)behaviour directed at person B, at a child of person B or at another person that either—
(i)has as its purpose (or among its purposes) one or more of the relevant effects set out in subsection (3), or
(ii)would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in subsection (3).
(3)The relevant effects are of—
(a)making person B dependent on, or subordinate to, person A,
(b)isolating person B from friends, relatives or other sources of support,
(c)controlling, regulating or monitoring person B's day-to-day activities,
(d)depriving person B of, or restricting person B's, freedom of action,
(e)frightening, humiliating, degrading or punishing person B.
(4)In subsection (2)(a), the reference to violent behaviour includes sexual violence as well as physical violence.
Part 2 · Termination of Scottish secure tenancies in cases involving abusive behaviour
22Additional ground for ending tenant's interest in house#
(1)The Housing (Scotland) Act 2001 is amended as follows.
(2)In section 14 (proceedings for possession)—
(a)in subsection (1)—
(i)the words from “recovery” to the end become paragraph (a),
(ii)after that paragraph insert—“b where subsection (1A) applies, termination of a tenant's interest in the tenancy.”
(b)after subsection (1) insert—“1A This subsection applies where—a the tenancy is a joint tenancy, andb the proceedings are raised against the tenant on the ground set out in paragraph 15A of schedule 2.1B In this section and section 16, “the tenant”, in relation to proceedings under subsection (1)(b), means person T (within the meaning of paragraph 15A of schedule 2).”
(c)in subsection (2B)—
(i)the words “for recovery of possession” are repealed,
(ii)after “paragraph 2” insert “ or 15A ”,
(iii)at the end insert “ or, as the case may be, terminating a tenant's interest in the tenancy. ”,
(d)in subsection (4), for “proceedings for recovery of possession”, in both places where it occurs, substitute “ the proceedings ”,
(e)after subsection (5B) insert—“5C Where a landlord raises proceedings under subsection (1) which include the ground set out in paragraph 15A of schedule 2, the landlord must, as soon as reasonably practicable after raising the proceedings, give the tenant and any qualifying occupier advice and assistance in relation to the finding of alternative accommodation in the event that an order is made under section 16(2) or (3ZA).5D The landlord must, in exercising the function conferred by subsection (5C), have regard to any guidance issued by the Scottish Ministers about the exercise of that function.5E Before publishing any guidance under subsection (5D), the Scottish Ministers must consult such persons as they consider appropriate.”
(3)In section 16 (powers of court in possession proceedings)—
(a)in subsection (1), for “7 and 15” substitute “ 7, 15 and 15A ”,
(b)in subsection (2)—
(i)in the opening words, for “14” substitute “ 14(1)(a) ”,
(ii)after paragraph (c) insert—“d that—i the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,ii the tenant is the sole tenant, andiii it is reasonable to make the order,e whether or not paragraph (d) applies, that—i the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,ii the tenant is the sole tenant,iii the tenant has been convicted of an offence—A in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, andB which is punishable by imprisonment, andiv the landlord served the notice under section 14(2) before the day which is 12 months after—A the day on which the tenant was convicted of the offence, orB where that conviction was appealed, the day on which the appeal was dismissed or abandoned.”
(c)after subsection (3) insert—“3ZA Subject to subsection (1), in proceedings under section 14(1)(b) the court must make an order for termination of the tenant's interest in the tenancy if it appears to the court—a that—i the landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and specified in the notice required by section 14, andii it is reasonable to make the order,b whether or not paragraph (a) applies, that—i the landlord has a ground for termination of the tenant's interest in the tenancy set out in paragraph 15A of that schedule and so specified,ii the tenant has been convicted of an offence—A in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, andB which is punishable by imprisonment, andiii the landlord served the notice under section 14(2) before the day which is 12 months after—A the day on which the tenant was convicted of the offence, orB where that conviction was appealed, the day on which the appeal was dismissed or abandoned.3ZB For the purposes of subsections (2)(d)(iii) and (3ZA)(a)(ii), the court is to have regard, in particular, to any risk that the tenant will engage in further behaviour of the kind mentioned in paragraph 15A of schedule 2.”
(d)in subsection (3A), for “Subsection (2) does” substitute “ Subsections (2) and (3ZA) do ”,
(e)after subsection (5B) insert—“5C An order under subsection (3ZA) has the effect of bringing to an end the tenant's interest in the tenancy on the date specified in the order.”
(f)after subsection (6) insert—“7 The landlord must, no later than 28 days after the date of termination of a tenancy which is terminated on the ground set out in paragraph 15A of schedule 2 (or on grounds including that ground), offer a tenancy of the house (beginning as soon as reasonably practicable) to person P.8 But the landlord need not comply with the duty imposed by subsection (7) if it is impossible or inappropriate to do so because of circumstances relating to person P.9 The landlord must have regard to any guidance issued by the Scottish Ministers about subsections (7) and (8). 10 The references in subsections (7) and (8) to person P are to the person who, in relation to the house, is person P within the meaning of paragraph 15A of schedule 2.”
(4)In schedule 2 (Scottish secure tenancy: grounds for recovery of possession of house), after paragraph 15 insert—“15A 1 A person (“person T”) who is the tenant or one of the joint tenants has engaged in behaviour which is abusive of a person (“person P”) who is a partner or ex-partner of person T, and the conditions in sub-paragraph (2) are met.2 The conditions are—a person T is the sole tenant, or person T and person P are joint tenants (whether or not with others),b the house is person P's only or principal home,c person P wishes to continue living in the house,d the landlord wishes—i where person T is the sole tenant, to recover possession of the house from person T for the purpose of entering into a tenancy with person P instead,ii where person T is a joint tenant, to bring person T's interest in the tenancy to an end.3 In sub-paragraph (1)—a “partner or ex-partner of person T” means—i the spouse or civil partner of person T,ii a former spouse or former civil partner of person T,iii a person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months,b the reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to—i person A were references to person T,ii person B were references to person P.”
(5)The title of section 14 becomes “ Proceedings for recovery of possession or termination of joint tenant's interest ”.
(6)The title of section 16 becomes “ Powers of court in proceedings for recovery of possession or termination of joint tenant's interest ”.
(7)The heading of schedule 2 becomes “SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”.
(8)The heading of Part 1 of schedule 2 becomes “GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT'S INTEREST”.
Part 3 · Final provisions
23Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.
(2)Regulations under subsection (1) may—
(a)modify any enactment (including this Act),
(b)make different provision for different purposes.
(3)Regulations under subsection (1)—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,
(b)otherwise, are subject to the negative procedure.
24Commencement#
(1) Section 21 and this Part come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under subsection (2) may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.
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