PART 3REGISTRATION

Determination of applications and objections

C1F1Anonymous registration: evidence consisting of relevant court orders or injunctions38C

1

Evidence which meets the following conditions is prescribed for the purpose of regulation 38A(3)(a).

2

The first condition is that the evidence is, or is a copy of, a relevant order or injunction.

3

A relevant order or injunction is—

a

an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997;

b

an injunction granted under section 3A(2) of the Protection from Harassment Act 1997;

c

a restraining order made under section 5(1) of the Protection from Harassment Act 1997;

d

a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997;

e

a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997;

f

a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995;

g

a non-molestation order made under section 42(2) of the Family Law Act 1996;

h

an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997;

i

a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997;

j

a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997;

k

a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

l

a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

m

a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

n

a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004;

o

an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011;

p

any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001; or

q

a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—

i

Part 4A of the Family Law Act 1996;

ii

section 2 of, and paragraph 1 of Schedule 1 to, the Forced Marriage (Civil Protection) Act 2007;

iii

section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011;

iv

section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.

4

The second condition is that the relevant order or injunction is made for the protection, or otherwise for the benefit, of—

a

the applicant for an anonymous entry, or

b

another person of the same household as the applicant.

5

The third condition is that the relevant order or injunction is in force on the day on which the application for an anonymous entry is made.