Protection from Abuse (Scotland) Act 2001
Encyclopedia
The Protection from Abuse (Scotland) Act 2001 (asp 14) is an act
of the Scottish Parliament
. It was passed on 4 October 2001, receiving Royal Assent
on 6 November.
the previous year, Justice Minister Jim Wallace
announced proposals to reform family law in Scotland which would include new legislation on domestic abuse. Plans to increase the protection for victims of domestic violence were temporarily delayed but the Protection from Abuse (Scotland) bill
was published in June 2001 and was subsequently passed by the parliament on 4 October. The act received Royal Assent on 6 November.
The act allows interdict
s to be brought against abusers by their victims and gives the police the power to arrest and charge an individual who breaks such an interdict. By giving the police this new power, the act amends the Matrimonial Homes (Family Protection) (Scotland) Act 1981. The 2001 act was intended to extend protection to victims of domestic abuse by unmarried and same-sex partners, as well as those no longer in a relationship with their abuser.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. It was passed on 4 October 2001, receiving Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 6 November.
Background and legislation
In January 2000, following the devolution of the Scottish ParliamentHistory of Scottish devolution
The decision of the Parliament of Scotland to ratify the Treaty of Union in 1707 was not unanimous and from that time, individuals and organizations have advocated the return of a Scottish Parliament. Some have argued for devolution - a Scottish Parliament within the United Kingdom - whereas others...
the previous year, Justice Minister Jim Wallace
Jim Wallace
The Rt. Hon. James Robert Wallace, Baron Wallace of Tankerness, PC, QC , is a British politician, currently a life peer in the House of Lords and the Advocate General for Scotland...
announced proposals to reform family law in Scotland which would include new legislation on domestic abuse. Plans to increase the protection for victims of domestic violence were temporarily delayed but the Protection from Abuse (Scotland) bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was published in June 2001 and was subsequently passed by the parliament on 4 October. The act received Royal Assent on 6 November.
The act allows interdict
Interdict
The term Interdict may refer to:* Court order enforcing or prohibiting a certain action* Injunction, such as a restraining order...
s to be brought against abusers by their victims and gives the police the power to arrest and charge an individual who breaks such an interdict. By giving the police this new power, the act amends the Matrimonial Homes (Family Protection) (Scotland) Act 1981. The 2001 act was intended to extend protection to victims of domestic abuse by unmarried and same-sex partners, as well as those no longer in a relationship with their abuser.