EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Chapter 76 of the Rules of the Court of Session Rules 1994 (S.S.I. 1994/1443) last amended by S.S.I. 2016/242) and the Summary Application, Statutory Applications and Appeals etc. Rules 1999 (S.S.I. 1999/929, last amended by S.S.I. 2015/419) in consequence of the amendments made to the Proceeds of Crime Act 2002 (“the 2002 Act”) by the Serious Crime Act 2015. These amendments extend the availability of Serious Crime Prevention Orders so that they can be made in Scotland.
The Act of Sederunt also makes changes to the Rules of the Court of Session Rules 1994 and the Summary Application Rules 1999 in consequence of schedule 1 (apart from paragraph 7) of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141) (“the 2014 Regulations”).
Paragraph 2(2) inserts new subparagraphs 76.3.5(5) to 76.3.5(7) into the Court of Session Rules specifying the information which must be included in an application for a certificate under paragraph (2) of schedule 1 of the 2014 Regulations. Paragraph 76.3.5(6) specifies the form which the certificate must take and the meaning of “domestic restraint order” and “specified information”.
Paragraph 2(3) makes amendments to rule 76.28 to provide procedures for sending overseas restraint orders to the court, sending overseas confiscation orders to the court, an application for certification of domestic restraint order, an application to cancel registration of overseas restraint order or to vary the property to which it applies and an application to cancel registration of overseas confiscation order or to vary the property to which it applies.
Paragraph 2(4) amends rule 76.36 to make provision for the appointment of receivers in connection with prohibitory property orders if the application is made after an application for a prohibitory property order and to make provision for supervision of a prohibitory property receiver.
Paragraph 2(5) inserts a new Chapter 76A into the Court of Session Rules setting out the procedures which apply when the Lord Advocate seeks a serious crime prevention order. In addition it provides for the procedure by which a third party who may be significantly adversely affected by the order may apply to make representations. Provision is also made for variation and discharge of serious crime prevention orders.
The Act of Sederunt also makes changes to Summary Application Rules.
Paragraph 3(2) inserts a new rule 3.19.7A into the Summary Application Rules specifying the information which must be included in an application for a certificate under paragraph (2) of schedule 1 of the 2014 Regulations, specifies the form which a certificate must take and sets out the meaning of “domestic restraint order” and “specified” information.
Paragraph 3(3) inserts a new Part XLVII into Chapter 3 of the Summary Application Rules setting out the procedures which apply when the Lord Advocate seeks a serious crime prevention order. In addition, it provides for the procedure by which a third party who may be significantly adversely affected by the order may apply to make representations. Provision is also made for variation and discharge of serious crime prevention orders.
This Act of Sederunt also inserts a new Form 71 (form of serious crime prevention order) into the Summary Application Rules and a Form 72 for the application or discharge of a serious crime prevention order.