Chapter 4 - Interdicts
Section 113: Civil partners: competency of interdict
224.This section means that the Court of Session or the sheriff can grant a relevant interdict in respect of a couple living together in a civil partnership. A relevant interdict for these purposes and for the purposes of section 114, is an interdict which is designed to prevent any inappropriate conduct on the part of one civil partner towards the other or a child of the family, or to prevent a civil partner from returning to the family home or its vicinity.
Section 114: Attachment of powers of arrest to relevant interdicts
225.This section allows the court to attach a power of arrest to any relevant interdict on the application of a civil partner. The section sets out the conditions which apply to this power.
Section 115: Police powers after arrest
226.This section sets out the action that the police may take where a non-applicant civil partner has been arrested as set out in subsection (4) of section 114. It also provides that the facts and circumstances that gave rise to the arrest will be reported to the procurator fiscal who will determine whether criminal proceedings should follow.
Section 116: Procedure after arrest
227.This section covers the procedure that arises where the non-applicant civil partner is not released after arrest, but where the procurator fiscal decides that no criminal proceedings should follow.
