Protection from Harassment Act 1997

1997 Chapter 40 - continued


 

 

An Act to make provision for protecting persons from harassment and similar conduct.

[21st March 1997]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

 

Scotland

Harassment.

    8. - (1) Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another and-
 

 

(a) is intended to amount to harassment of that person; or

 

(b) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.

 

    (2) An actual or apprehended breach of subsection (1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question; and any such claim shall be known as an action of harassment.
 

 

    (3) For the purposes of this section-
 

 

"conduct" includes speech;

 

"harassment" of a person includes causing the person alarm or distress; and

 

a course of conduct must involve conduct on at least two occasions.