Rule 3.35.4 Attachment of power of arrestF1

(1)

The following documents shall be served under section 25(2) of the Act (powers of arrest) along with a power of arrest:–

(a)

a copy of the application for the order;

(b)

a copy of the interlocutor granting the order and the power of arrest; and

(c)

where the application to attach the power of arrest was made after the order was granted, a copy of the certificate of service of the order.

(2)

The following documents shall be delivered to the chief constable in accordance with section 27(1) of the Act (notification to police):–

(a)

a copy of the application for the order;

(b)

a copy of the interlocutor granting the order;

(c)

a copy of the certificate of service of the order; and

(d)

where the application to attach the power of arrest was made after the order was granted–

(i)

where applicable, a copy of the application for the power of arrest;

(ii)

a copy of the interlocutor granting it; and

(iii)

a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 25(2).

F2(3)

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Annotations

Textual amendments

F1: Ch. 3 Pt. 35 inserted (29.10.2008) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No.2) 2008 (S.S.I. 2008/335), paras. 1(1), 2(2)
F2: Rule 3.35.4(3) omitted (20.11.2008) by virtue of Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 3) 2008 (S.S.I. 2008/375), paras. 1(1), 2(2)