Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt inserts a new Chapter (Chapter 41) into the Ordinary Cause Rules to make provision for applications in the sheriff court in respect of a power of arrest under the Protection from Abuse (Scotland) Act 2001 (“the 2001 Act”) (paragraph 2(2)). The new Chapter 41 provides as follows:–
(a)an application for a power of arrest under section 1(1) of the 2001 Act is to be made by crave in the initial writ, defences 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 or application to which the application relates. The application requires to be intimated to the person against whom the interdict was sought or obtained (rule 41.2(1)).
(b)rule 41.2(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.
(c)rule 41.2(3) prescribes certain documents that are to be delivered to a chief constable in terms of section 3(1) of the 2001 Act where a power of arrest has been served.
(d)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 application or action to which the application relates. Where an extension or recall is granted a copy of the interlocutor granting the order is to be delivered to the chief constable in terms of section 3(1) of the 2001 Act (rule 41.3).
(e)rule 41.4 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 chief constable in terms of section 3(1) of the 2001 Act.
(f)rule 41.5 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 PA1 in process.
Paragraph 2(3) and the Schedule insert the new Form PA1 into Appendix 1 to the Ordinary Cause Rules.