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Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Seizure and Disposal of Vehicles) 2008

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Scottish Statutory Instruments

2008 No. 275

SHERIFF COURT

JUSTICE OF THE PEACE COURT

Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Seizure and Disposal of Vehicles) 2008

Made

18th July 2008

Coming into force

15th August 2008

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 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. 3) (Seizure and Disposal of Vehicles) 2008 and shall come into force on 15th August 2008.

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

Enforcement of fines etc.

2.—(1) After rule 20.9A of the Criminal Procedure Rules 1996(enforcement orders)(2) insert–

Application for release of vehicle

20.9AA.  An application under regulation 19(1)(b) or (c) of the Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008 (release of seized vehicle on application by offender)(3) shall be in Form 20.9AA..

(2) After Form 20.9A(4) in the appendix to the Criminal Procedure Rules insert Form 20.9AA set out in the Schedule to this Act of Adjournal.

A C Hamilton

Lord Justice General I.P.D.

Edinburgh

18th July 2008

Paragraph 2(2)

SCHEDULE

Rule 20.9AA

FORM 20.9AAForm of application under regulation 19(1)(b) or (c) of the Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008

Explanatory Note

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

This Act of Adjournal amends the Criminal Procedure Rules 1996 to provide for the form of applications under regulations 19(1)(b) and (c) of the Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008 (S.S.I. 2008/103).

(2)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2008/62). Rule 20.9A was inserted by S.S.I. 2008/61.

(4)

Form 20.9A was inserted by S.S.I. 2008/61.

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