Paragraph 41A.2 Applications for a determination that an interdict is a domestic abuse interdictF1
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.
An application made after the interdict is obtained must be made by minute.
Where a determination is made under section 3(1) of the 2011 Act, the interlocutor shall be in Form DA1.
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.
Where a determination is recalled under section 3(5)(b) of the 2011 Act, the interlocutor shall be in Form DA3.
Paragraph (7) applies where, in respect of the same interdict—
a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and
a determination under section 3(1) of the 2011 Act is made.
Where a determination is made or where such determination is recalled, the sheriff must appoint a person to send forthwith to F2the chief constable of the Police Service of Scotland a copy of—
the interlocutor in Form DA1 and the certificate of service in Form DA2; or
the interlocutor in Form DA3,
as the case may be.
Where a person is required by virtue of this Chapter to send documents to F3the chief constable, such person must, after each such compliance, lodge in process a certificate of sending in Form DA4.
Annotations
Textual amendments
- F1
Sch. 1 Ch. 41A inserted (20.7.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011 (S.S.I. 2011/289), paras. 1(1), 5(3)
- F2
Words in Sch. 1 rule 41A.2(7) substituted (27.5.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2013 (S.S.I. 2013/135), paras. 1(1), 4(2)(a)
- F3
Words in Sch. 1 rule 41A.2(8) substituted (27.5.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2013 (S.S.I. 2013/135), paras. 1(1), 4(2)(b)
Notes on Schedule First
Textual amendments
- F1
Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Modifications
- C1
Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
- C2
Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
- C3
Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5