Domestic Abuse (Scotland) Act 20115

1

The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

2

After rule 41.2(3)(d) (delivery of certain documents to the chief constable)9 insert—

e

where a determination has previously been made in respect of such interdict under section 3(1) of the Domestic Abuse (Scotland) Act 201110, a copy of the interlocutor in Form DA1.

3

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.

2

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

1

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.

2

An application made after the interdict is obtained must be made by minute.

3

Where a determination is made under section 3(1) of the 2011 Act, the interlocutor shall be in Form DA1.

4

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.

5

Where a determination is recalled under section 3(5)(b) of the 2011 Act, the interlocutor shall be in Form DA3.

6

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.

7

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.

8

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.

4

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.