Page:Protection from Harassment Act 1997.pdf/6

4c. 40 (4) The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.

(5) If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.

(6) A person guilty of an offence under this section is liable—
 * (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
 * (b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.

6. In section 11 of the Limitation Act 1980 (special time limit for actions in respect of personal injuries), after subsection (1) there is inserted—
 * “(1A) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.”

7.—(1) This section applies for the interpretation of sections 1 to 5.

(2) References to harassing a person include alarming the person or causing the person distress.

(3) A “course of conduct” must involve conduct on at least two occasions.

(4) “Conduct” includes speech. Scotland

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.

(4) It shall be a defence to any action of harassment to show that the course of conduct complained of—
 * (a) was authorised by, under or by virtue of any enactment or rule of law;
 * (b) was pursued for the purpose of preventing or detecting crime; or