331.Section 109 makes provision for the enforcement in Scotland of certain protective orders made in other parts of the United Kingdom (“relevant UK orders”). It does so by creating two new criminal offences, namely—
	knowingly and without reasonable excuse—doing anything which a person is prohibited from doing by a “relevant UK order”, orfailing to do something which the person is required to do by such an order, and
	knowingly and without reasonable excuse aiding, abetting, counselling, procuring or inciting another person—to do anything the other person is prohibited from doing by a relevant UK order, orto fail to do something which the other person is required to do by such an order.
332.In the case of both offences, an offence may be committed only if the conduct or failure to act would have constituted an “equivalent offence”, that is, an offence under the law of the country applicable to the relevant UK order concerned.
333.Subsection (5) sets out the maximum penalties that may be imposed for the offences noting, however, that the maximum that may be imposed in any particular case may not exceed the maximum penalty applicable to the equivalent offence (see subsection (6)).
334.Subsection (4) lists the orders that are “relevant UK orders” for the purposes of section 109. In addition to those listed, subsection (4)(g) gives the Scottish Ministers power by regulations to specify additional orders as relevant orders. Regulations under section 109(4)(g)(ii) are subject to the affirmative procedure (see subsection (8)).
Crown Application Part 11 – Enforcement of Protective Orders Made Outwith Scotland Section 109 – offences relating to protective orders made outwith Scotland