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Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Financial Reporting Orders) 2006

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Scottish Statutory Instruments

2006 No. 205

HIGH COURT OF JUSTICIARY

SHERIFF COURT

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Financial Reporting Orders) 2006

Made

12th April 2006

Coming into force

1st May 2006

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf, with the consent of the Scottish Ministers, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Financial Reporting Orders) 2006 and shall come into force on 1st May 2006.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996(2) shall be amended in accordance with the following sub-paragraphs.

(2) At the end there shall be inserted the following:—

CHAPTER 49FINANCIAL REPORTING ORDERS

Interpretation

49.1.  In this Chapter “financial reporting order” means an order made under section 77(1) of the Serious Organised Crime and Police Act 2005(3).

Financial reporting orders

49.2.  A financial reporting order shall be in Form 49.2.

Variation or revocation of financial reporting orders

49.3.(1) An application for the variation or revocation of a financial reporting order shall be made by petition in Form 49.3.

(2) On a petition referred to in paragraph (1) being lodged, the court shall—

(a)order intimation of the application to be made to the person in respect of whom the financial reporting order was made or the person to whom reports are to be made under it, as the case may be;

(b)appoint a hearing on the application; and

(c)order intimation of the hearing to the persons referred to in sub-paragraph (a) and to the governor of any institution in which the person in respect of whom the financial reporting order was made is detained..

(3) In the appendix, at the end there shall be inserted the forms set out in the Schedule to this Act of Adjournal.

BRIAN GILL

Lord Justice Clerk I.P.D.

Edinburgh

12th April 2006

Paragraph 2(3)

SCHEDULE

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996 by providing for a form for financial reporting orders under section 77 of the Serious Organised Crime and Police Act 2005 and a procedure for applications for variation and revocation of those orders.

(2)

S.I. 1996/513, last amended by S.S.I 2006/76.

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