C1Part 1Protection of adults at risk of harm
Banning orders
I124Variation or recall of banning order
1
The sheriff may vary or recall—
a
a banning order, or
b
a temporary banning order,
if satisfied that the variation or recall is justified by a change in the facts or circumstances in respect of which the order was granted or, as the case may be, last varied.
2
A variation may not vary the date on which the order expires—
a
in the case of a banning order, beyond the date which is 6 months after the date on which the order was granted,
b
in the case of a temporary banning order, beyond the date by which section 21(3) requires the sheriff to determine the related application for a banning order.
3
An order may be so varied or recalled only on an application by or on behalf of—
a
the subject of the order,
b
the applicant for the order,
c
the adult at risk to whom the order relates,
d
any other person who has an interest in the adult at risk's well-being or property.
Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2