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Rule 3.45.13 Determination that incoming protection measure is a domestic abuse interdictF1

(1)

This rule applies where the sheriff makes a determination that an incoming protection measure is a domestic abuse interdict.

(2)

A protected person who serves under 3(4) of the Domestic Abuse (Scotland) Act 2011 a copy of an interlocutor containing a determination under section 3(1) shall lodge in process a certificate of service.

(3)

Paragraph (4) applies where, in respect of the same protection measure—

(a)

a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and

(b)

a determination is made.

(4)

Where such a determination is made, the person who obtained the determination shall send to the chief constable of the Police Service of Scotland a copy of the interlocutor making the determination and the certificate of service.

(5)

Where a person is required by virtue of this rule to send documents to the chief constable of the Police Service of Scotland, that person must, after such compliance, lodge in process a certificate of sending in Form 68.

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)