Applications for commission and diligence
4.—(1) A participant may apply for a commission and diligence for the recovery of a document or other property.
(2) That application must specify the document or other property sought to be inspected, photographed, preserved, taken, detained, produced recovered, sampled or experimented with or upon, as the case may be.
(3) Where the document or other property sought is in the possession of a public authority exercising functions in relation to reserved matters within the meaning of schedule 5 of the Scotland Act 1998(1), or a cross-border public authority within the meaning of section 88(5) of that Act, the application must be intimated on the Advocate General for Scotland.
(4) Where the document or other property sought is otherwise in the possession of a public authority, the application must be intimated on the Lord Advocate.
(5) The Advocate General for Scotland or the Lord Advocate (as the case may be) may appear at the hearing of that application.
1998 c.46, last amended by the Scotland Act 2016 (c.11).