Rule 3.45.12 Attachment of power of arrest to incoming protection measureF1

(1)

In this rule, “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001.

(2)

Where the sheriff attaches a power of arrest to a protection measure under section 1(2) of the Act of 2001, the following documents shall be served along with the power of arrest in accordance with section 2(1)—

(a)

a copy of the protection measure;

(b)

a copy of the Article 5 certificate issued by the issuing authority of F2a participating Member State in accordance with Article 5 of the MRP Regulation; and

(c)

a copy of any interlocutor adjusting the factual elements of the protection measure.

(3)

After the power of arrest has been served, the following documents shall be delivered by the protected person to the chief constable of the Police Service of Scotland in accordance with section 3(1)—

(a)

a copy of the protection measure;

(b)

a copy of the Article 5 certificate issued by the issuing authority of F3a participating Member State in accordance with Article 5 of the MRP Regulation;

(c)

a copy of any interlocutor adjusting the factual elements of the protection measure;

(d)

a copy of the application for the attachment of the power of arrest;

(e)

a copy of the interlocutor attaching the power of arrest;

(f)

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 2(1) of the Act of 2001; and

(g)

where a determination has previously been made in respect of the protection measure under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor making the determination.

(4)

An application under the following provisions of the Act of 2001 shall be made by minute in the process of the application in which the power of arrest was attached—

(a)

section 2(3) (extension of power of arrest);

(b)

section 2(7) (recall of power of arrest).

(5)

Where the sheriff extends the duration of, or recalls, a power of arrest, the person who obtained the extension, or the recall as the case may be, shall deliver a copy of the interlocutor granting the extension or the recall in accordance with section 3(1) of the Act of 2001.

(6)

Where the sheriff pronounces an interlocutor granting an application mentioned in rule 3.45.10(1)(a) to (c) in respect of an incoming protection measure to which a power of arrest is attached, the applicant shall deliver a copy of that interlocutor to the chief constable of the Police Service of Scotland in accordance with section 3(1) of the Act of 2001.

(7)

Where a person is required to comply with section 3(1) of the Act of 2001, that person shall, after complying with that section, lodge in process a certificate of delivery in Form 67.

Annotations

Textual amendments

F1: Ch. 3 Pt. 45 inserted (11.1.2015) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 3) (Mutual Recognition of Protection Measures) 2014 (S.S.I. 2014/371), paras. 1(2), 4(2)
F2: Words in rule 3.45.12(2)(b) substituted (1.12.2022) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022 (S.S.I. 2022/329), paras. 1(2), 4(4)(a)
F3: Words in rule 3.45.12(3)(b) substituted (1.12.2022) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022 (S.S.I. 2022/329), paras. 1(2), 4(4)(b)