“(e)

where a determination has previously been made in respect of such interdict under section 3(1) of the Domestic Abuse (Scotland) Act 201110, a copy of the interlocutor in Form DA1.”.

“CHAPTER 41ADOMESTIC ABUSE (SCOTLAND) ACT 2011

Interpretation and application of this Chapter41A.1.

(1)

In this Chapter—

“the 2011 Act” means the Domestic Abuse (Scotland) Act 2011;

“interdict” includes interim interdict.

(2)

This Chapter applies to an application for a determination under section 3(1) of the 2011 Act that an interdict is a domestic abuse interdict.

Applications for a determination that an interdict is a domestic abuse interdict41A.2.

(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 200112 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 such chief constable as the sheriff thinks fit 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 a chief constable, such person must, after each such compliance, lodge in process a certificate of sending in Form DA4.”.