At its meeting on 3 November 2020, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Domestic Abuse (Protection) (Scotland) Bill ("the Bill") at Stage 1.

The Committee submits this report to the lead Committee for the Bill under Rule 9.6.2 of the Standing Orders.

The Scottish Government has provided the Parliament with a memorandum on the delegated powers provisions in the Bill.

This Bill was introduced by the Scottish Government on 2 October 2020. The lead Committee is the Justice Committee.

The Bill is in three parts.

Part 1 of the Bill provides the courts with a new power to make a Domestic Abuse Protection Order (“DAPO”) which can impose restrictions and prohibitions on a suspected perpetrator of domestic abuse, including removing them from a home they share with a person at risk and prohibiting them from contacting or otherwise abusing the person at risk while the order is in effect.

The Bill also provides a power for the police to impose a very short-term Domestic Abuse Protection Notice (“DAPN”) ahead of applying to the court for a DAPO in circumstances where such a notice is necessary for protecting person B from abusive behaviour by person A before an interim or full DAPO can be made. The Bill requires the police to apply to a court for a DAPO no later than the first court day after giving a DAPN.

Part 2 of the Bill creates a new ground on which a social landlord can apply to the court for recovery of possession of a house from a perpetrator of domestic abuse with a view to transferring it to the victim or, where the perpetrator and victim are joint tenants, to end the perpetrator’s interest in the tenancy and enable the victim to remain in the family home.

Part 3 of the Bill makes provision concerning powers to make ancillary provision and commencement.

The Committee considered each of the delegated powers provisions in the Bill. The Committee determined that it did not need to draw the attention of the Parliament to the delegated powers provisions provided in the following sections of the Bill:

• Section 19 – Ancillary provision

• Section 20 – Commencement