Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Applications under the Protection from Abuse (Scotland) Act 2001) 2002

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt inserts a new Chapter (Chapter 85) into the Court of Session Rules 1994 (S.I. 1994/1443) to make provision for applications in the Court of Session in respect of a power of arrest under the Protection from Abuse (Scotland) Act 2001 (“the 2001 Act”). The new Chapter 85 provides as follows:–

• an application for a power of arrest under section 1(1) of the 2001 Act is to be made by conclusion in the summons, prayer in the petition, defences, answers or counterclaim in which the interdict to which it relates is applied for or, if made after the application for interdict, by motion in the action to which the application relates;

• rule 85.2(2) prescribes certain documents that are to be served along with the power of arrest in terms of section 2(1) of the 2001 Act;

• rule 85.2(3) prescribes certain documents that are to be delivered to a chief constable in terms of section 3(1) of the 2001 Act;

• an application to extend or recall a power of arrest (sections 2(3) and (7) respectively of the 2001 Act) is to be made by minute in the process of the action in which the power of arrest was attached. Where an extension or recall is granted a copy of the interlocutor granting the order is to be delivered to the chief constable in accordance with section 3(1) of the 2001 Act;

rule 85.4 provides that where the interdict to which the power of arrest is attached is varied or recalled a copy of the interlocutor varying or recalling the interdict is to be delivered to the chief constable in accordance with section 3(1) of the 2001 Act;

rule 85.5 provides that where a person is required to deliver documents to a chief constable where a power of arrest is served, extended or recalled, or the interdict is varied or recalled, he shall after compliance lodge a certificate of delivery in Form 85.5 in process.

Paragraph 2(3) and the Schedule insert a new Form 85.5 into the Appendix to the Court of Session Rules 1994.