Domestic Abuse (Scotland) Act 20115
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The Ordinary Cause Rules are amended in accordance with the following subparagraphs.
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After Chapter 41 (Protection from Abuse (Scotland) Act 2001)11 insert—
CHAPTER 41ADOMESTIC ABUSE (SCOTLAND) ACT 2011
Interpretation and application of this Chapter41A.1
1
In this Chapter—
“the 2011 Act” means the Domestic Abuse (Scotland) Act 2011;
“interdict” includes interim interdict.
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This Chapter applies to an application for a determination under section 3(1) of the 2011 Act that an interdict is a domestic abuse interdict.
Applications for a determination that an interdict is a domestic abuse interdict41A.2
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An application made before the interdict is obtained must be made by crave in the initial writ, defences or counterclaim in which the interdict is sought.
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An application made after the interdict is obtained must be made by minute.
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Where a determination is made under section 3(1) of the 2011 Act, the interlocutor shall be in Form DA1.
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In pursuance of section 3(4) of the 2011 Act, the applicant must serve a copy of the interlocutor in Form DA1 on the person against whom the interdict has been granted and lodge in process a certificate of service in Form DA2.
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Where a determination is recalled under section 3(5)(b) of the 2011 Act, the interlocutor shall be in Form DA3.
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Paragraph (7) applies where, in respect of the same interdict—
a
a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 200112 is in effect; and
b
a determination under section 3(1) of the 2011 Act is made.
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Where a determination is made or where such determination is recalled, the sheriff must appoint a person to send forthwith to such chief constable as the sheriff thinks fit a copy of—
a
the interlocutor in Form DA1 and the certificate of service in Form DA2; or
b
the interlocutor in Form DA3,
as the case may be.
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Where a person is required by virtue of this Chapter to send documents to a chief constable, such person must, after each such compliance, lodge in process a certificate of sending in Form DA4.
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In Appendix 1, after Form PA1 insert Forms DA1, DA2, DA3 and DA4 set out in Part 1 of the Schedule to this Act of Sederunt.