Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications in relation to protective measures

76.4.—(1) An application under any of the following provisions of the Act of 1987 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–

(a) section 8(2) (variation or recall of restraint order);

(b) section 8(5) (recall of restraint order); and

(c) section 11(5) (recall or restriction of arrestment or inhibition).

(2) In respect of an application by note under paragraph (1) by a person having an interest for an order under section 8(2)(b) of the Act of 1987–

(a) the note shall be lodged in process within 21 days after service of the restraint order on that person; and

(b) subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the note shall be 14 days.

(3) An application under paragraph (1) by the Lord Advocate under section 8(2)(a) of the Act of 1987 to extend a restraint order shall not be intimated, served or advertised before the application is granted.

(4) An application under section 11(1) of the Act of 1987 by the Lord Advocate for warrant for arrestment or inhibition may be made–

(a) in the prayer of the petition under section 8(1) of that Act; or

(b) if made after the petition has been presented, by motion which shall not be intimated.

(5) An application under section 11(1) of the Act of 1987 to loose, restrict or recall an arrestment or to recall an inhibition shall be made by motion.

(6) An application under section 12 of the Act of 1987 (interdict) may be be made–

(a) in the prayer of the petition under section 8(1) of that Act; or

(b) if made after the petition has been presented, by note in the process of that petition.

(7) An application by note under paragraph (6)(b) shall not be intimated, served or advertised before the application is granted.

(8) Where the court pronounces an interlocutor granting an application mentioned in paragraph (3) or (4), the Lord Advocate shall serve a certified copy of that interlocutor on the persons affected by it.