Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011

Domestic Abuse (Scotland) Act 2011

5.—(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)(1) insert—

“(e) where a determination has previously been made in respect of such interdict under section 3(1) of the Domestic Abuse (Scotland) Act 2011(2), a copy of the interlocutor in Form DA1.”.

(3) After Chapter 41 (Protection from Abuse (Scotland) Act 2001)(3) insert—

“CHAPTER 41A DOMESTIC ABUSE (SCOTLAND) ACT 2011

Interpretation and application of this Chapter

41A.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 interdict

41A.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 2001(4) 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.

(1)

Rule 41.2 was inserted by S.S.I. 2002/128 and amended by S.S.I. 2003/26 and 2006/207.

(2)

2011 asp 13.

(3)

Chapter 41 was inserted by S.S.I. 2002/128 and amended by S.S.I. 2003/26 and 2006/207.

(4)

2001 asp 14.