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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013

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Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013.

(2) It comes into force on 11th November 2013.

(3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

(4) In this Act of Sederunt the “Summary Application Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1).

Adults with Incapacity

2.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) In rule 3.16.1 (Interpretation)(2), for the definition of “guardianship order” substitute—

“guardianship order” means an order made under—

(a)

section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995; or

(b)

section 58(4) of the 2000 Act;.

(3) In rule 3.16.4 (Service of application and renewal proceedings)(3)—

(a)in paragraph (1) at the end of head (ii) of subparagraph (i), insert “and”;

(b)in paragraph (4)—

(i)at the beginning of subparagraph (a), insert “immediately”;

(ii)in subparagraph (b) before “complete”, insert “, and in any event before the date of the hearing specified in Form 20,”.

(4) In rule 3.16.8 (Subsequent applications)(4)—

(a)after paragraph (1), insert—

(1ZA) Where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, an application to renew it shall be made—

(a)on the first such application, in Form 23;

(b)on any subsequent application, in the form of a minute lodged in the process.;

(b)in paragraph (1A) for “any such minute” substitute “any minute lodged under this rule”.

(5) In Form 21 (Form of notice to managers)(5) after “You are requested”, insert “immediately on receipt”.

Civil Recovery: external investigations

3.  After Part XLII (Regulation of Investigatory Powers Act 2000)(6) of the Summary Application Rules, insert—

PART XLIIIPROCEEDS OF CRIME ACT 2002 (EXTERNAL INVESTIGATIONS) ORDER 2013

Application of this Part

3.43.1.  This Part applies to applications to the sheriff under Part 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013(7).

Applications

3.43.2.(1) An application under the following provisions shall be made by summary application—

(a)article 40(1) (production orders);

(b)article 47(1) (search warrants);

(c)article 56(1) (customer information orders);

(d)article 63(1) (account monitoring orders).

(2) An application under the following provisions shall be made by minute in the process of the original application—

(a)article 46(2) (discharge or variation of a production order or an order to grant entry);

(b)article 62(2) (discharge or variation of a customer information order);

(c)article 67(2) (discharge or variation of an account monitoring order).

(3) An application under article 42(2) (order to grant entry) shall be made—

(a)in the application for the production order; or

(b)where the application is made after a production order is made, by minute in the process of the application for the production order..

Saving provision

4.  The amendments made to the Summary Application Rules by paragraph 2 have no effect in respect of any application or proceedings raised but not yet determined by 11th November 2013.

BRIAN GILL

Lord President

I.P.D.

Edinburgh

17th October 2013

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