Rule 41.2 Attachment of power of arrest to interdictF1

Scotland

(1)

An application under section 1(1) (application for attachment of power of arrest to interdict)–

(a)

shall be made in the crave in the initial writ, defences or counterclaim in which the interdict to which it relates is applied for, or, if made after the application for interdict, by motion in the process of the action in which the interdict was sought F2, or by minute, with answers if appropriate, should the sheriff so order; and

(b)

shall be intimated to the person against whom the interdict is sought or was obtained.

(2)

Where the sheriff attaches a power of arrest under section 1(2) F3 or (1A) M1(order attaching power of arrest) the following documents shall be served along with the power of arrest in accordance with section 2(1) (documents to be served along with power of arrest):–

(a)

a copy of the application for interdict;

(b)

a copy of the interlocutor granting interdict; and

(c)

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

(3)

After the power of arrest has been served, the following documents shall be delivered by the person who obtained the power to the chief constable in accordance with section 3(1) (notification to police):–

(a)

a copy of the application for interdict;

(b)

a copy of the interlocutor granting interdict;

(c)

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

(d)

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

(i)

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 2(1).

(F4e)

where a determination has previously been made in respect of such interdict under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor in Form DA1.

Annotations

Textual amendments

F1: Sch. 1 Ch. 41 inserted (8.3.2002) by Act of Sederunt (Ordinary Cause Rules) Amendment (Applications under the Protection from Abuse (Scotland) Act 2001) 2002 (S.S.I. 2002/128), para. 2(2)
F2: Words in Sch. 1 rule 41.2(1)(a) inserted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.I. 2003/26), para. 2(13)
F3: Words in Sch. 1 rule 41.2 inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), para. 2(59)
F4: Sch. 1 rule 41.2(3)(e) 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(2)

Marginal citations

M1: Section 1(1A) was inserted by the Family Law (Scotland) Act 2006 (asp2)

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