11.—(1) Subject to sub-paragraph (3), in this schedule, “domestic abuse” means abusive behaviour within the meaning of sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021 (“the 2021 Act”).
(2) For the purposes of this schedule, sections 2 and 3 of the 2021 Act apply as if—
(a)references to “person A” were references to the partner or the ex-partner of the individual to whom the grant is to be given, and
(b)references to “person B” were references to the individual to whom the grant is to be given.
(3) Sub-paragraphs (4) to (13) have effect until the day on which sections 2 and 3 of the 2021 Act come into force.
(4) “Abusive behaviour” means behaviour by the partner or ex-partner of the individual to whom the grant is to be given (“person A”) which is abusive of the individual to whom the grant is to be given (“person B”).
(5) 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.
(6) Behaviour is behaviour of any kind, including (for example)—
(a)saying or otherwise communicating as well as doing something,
(b)intentionally failing—
(i)to do something,
(ii)to say or otherwise communicate something.
(7) 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.
(8) In sub-paragraph (5), the reference to psychological harm includes fear, alarm and distress.
(9) Behaviour may consist of a single incident or a course of conduct.
(10) 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 its purpose (or among its purposes) one or more of the relevant effects set out in sub-paragraph (11), or
(ii)would be considered by a reasonable person to be likely to have one or more of the relevant effects set out in sub-paragraph (11).
(11) 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.
(12) In sub-paragraph (10)(a), the reference to violent behaviour includes sexual violence as well as physical violence.
(13) Person A and person B are partners (and “ex-partners” is to be construed accordingly) if they are—
(a)spouses or civil partners of each other, or
(b)in an intimate personal relationship with each other.]
Textual Amendments