8. (1) Where the court, on application to it for a barring order or between the making of that application and its determination, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15(2) relates, that there are reasonable grounds for believing—

(a) there is an immediate risk of significant harm to the applicant or a dependent person, and

(b) the making of a protection order would not be sufficient to protect the applicant or a dependent person,

the court shall, subject to section 12, by order (in this Act referred to as an “interim barring order”)—

(i) direct the respondent, if residing at a place where the applicant or the dependent person resides, to leave the place, and

(ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, prohibit that respondent from entering the place until further order of the court or until such other time as the court shall specify.

(2) An interim barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:

(a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person;

(b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides;

(c) following or communicating (including by electronic means) with the applicant or a dependent person.

(3) An interim barring order may be made subject to such exceptions and conditions as the court may specify.

(4) For the purposes of subsections (1) and (2), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.

(5) (a) In respect of a person who is an applicant by virtue of paragraph (c) or (d) of subsection (1) of section 7, the court shall not make an interim barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place but—

(i) the applicant has no legal or beneficial interest, or

(ii) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.

(b) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then that belief shall be admissible in evidence.

(6) Without prejudice to section 32, nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section.

(7) Where an interim barring order has been made, any of the following may apply to have the order varied:

(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 —

(i) the Agency,

(ii) the person referred to in subsection (1)(c) of that section, or

(iii) the respondent to that application;

(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —

(i) the Agency,

(ii) the applicant for the order, or

(iii) the respondent to that application;

(c) in any other case—

(i) the applicant for the order, or

(ii) the respondent to the application for that order.

(8) The court may, upon hearing an application under subsection (7), make such order varying the interim barring order as it considers appropriate in the circumstances.

(9) For the purposes of an application under subsection (7), an interim barring order made by a court on appeal from another court shall be treated as if it had been made by that other court.

(10) An interim barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.

(11) Where an application for an interim barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.

(12) An affidavit or information sworn by the applicant under subsection (11) shall state whether the property from which it is sought to bar the respondent on an interim basis is also a place of business of the respondent or includes or abuts a place of business of the respondent.

(13) If an interim barring order is made ex parte —

(a) a note of evidence given by the applicant shall be prepared forthwith—

(i) by the judge,

(ii) by the applicant or the applicant’s solicitor and approved by the judge, or

(iii) as otherwise directed by the judge,

and

(b) a copy of the interim barring order, affidavit or information sworn under subsection (11) and note of evidence shall be served on the respondent as soon as practicable.

(14) If an interim barring order is made ex parte that order shall have effect for a period, not exceeding 8 working days, specified in the order unless on application by the applicant for the barring order and on notice to the respondent the interim barring order is confirmed within that 8 day period by order of the court.

(15) An interim barring order made ex parte shall contain a statement of the effect of subsection (14).

(16) An interim barring order ceases to have effect on the determination by the court of the application for the barring order.