Scotland

8AF1Harassment 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.

2

Subsection (1) only applies where the conduct referred to amounts to domestic abuse.

3

Subsections (2) to (7) of section 8 apply in relation to subsection (1) as they apply in relation to subsection (1) of that section but with the following modifications––

a

in subsections (2) and (4), the words “course of” are omitted;

b

for subsection (3) there is substituted—

3

For the purposes of this section—

  • “conduct”––

    1. a

      may involve behaviour on one or more than one occasion; and

    2. b

      includes—

      1. i

        speech; and

      2. ii

        presence in any place or area; and

  • “harassment” of a person includes causing the person alarm or distress.

c

in subsection (4)(b), for “pursued” substitute “ engaged in ” .