# Sheriff Courts (Scotland) Act 1907, Paragraph 41A.2: Applications for a determination that an interdict is a domestic abuse interdict


(1) 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.
(2) An application made after the interdict is obtained must be made by minute.
(3) Where a determination is made under section 3(1) of the 2011 Act, the interlocutor shall be in Form DA1.
(4) 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.
(5) Where a determination is recalled under section 3(5)(b) of the 2011 Act, the interlocutor shall be in Form DA3.
(6) Paragraph (7) applies where, in respect of the same interdict—
(a) a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and
(b) a determination under section 3(1) of the 2011 Act is made.
(7) Where a determination is made or where such determination is recalled, the sheriff must appoint a person to send forthwith to the chief constable of the Police Service of Scotland a copy of—
(a) the interlocutor in Form DA1 and the certificate of service in Form DA2; or
(b) the interlocutor in Form DA3,
as the case may be.
(8) Where a person is required by virtue of this Chapter to send documents to the chief constable, such person must, after each such compliance, lodge in process a certificate of sending in Form DA4.

---
Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/paragraph/41A.2 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-41A.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.