Matrimonial Homes (Family Protection) (Scotland) Act 1981
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Change 1
18B Domestic interdicts: further provision
(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.
18B Domestic interdicts: further provision
(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.
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