EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Act of Sederunt (Rules of the Court of Session 1994) (“the 1994 Rules”) and the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”) as a consequence of amendments to the Anti-terrorism, Crime and Security Act 2001 (“the 2001 Act”) and the Proceeds of Crime Act 2002 (“the 2002 Act”) made by the Criminal Finances Act 2017.
Paragraph 2(2) inserts new rule 32.8 into Chapter 32 of the 1994 Rules making provision for the transfer from the sheriff court to the Court of Session of applications for forfeiture of property under the 2001 Act or the 2002 Act.
Paragraph 2(3) inserts definitions of “interim freezing order” and “unexplained wealth order” into rule 76.27 of the 1994 Rules.
Paragraph 2(4) inserts a new sub-paragraph into rule 76.36 of the 1994 Rules.
Paragraph 2(5) inserts new rule 76.36A into Chapter 76 of the 1994 Rules making provision for applications for a recovery order under the 2002 Act or the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 when the name of the person in occupation of heritable property is not known.
Paragraph 2(6) inserts new rule 76.37B into Chapter 76 of the 1994 Rules making provision for the procedure to be followed when applications are made for unexplained wealth orders or interim freezing orders.
Paragraph 2(7) and the schedule insert into the Appendix of the 1994 Rules the form (Form 76.36A) to be used when making an application under new rule 76.36A of those Rules.
Paragraph 3(2) makes various changes to rules 3.17.2, 3.17.3, 3.17.4 and 3.17.5 of the 1999 Rules to extend the application of these rules to applications for the release of seized property. It also inserts new rules 3.17.6 (Variation and recall of account freezing orders and applications to set aside forfeiture), 3.17.7 (Applications for forfeiture order) and 3.17.8 (Associated and joint property: transfer to Court of Session).
Paragraph 3(3) makes various changes to rules 3.19.1, 3.19.2, 3.19.3 and 3.19.4 of the 1999 Rules to extend the application of these rules to applications for the release of seized property. It substitutes a new rule 3.19.5(1). It also inserts new rules 3.19.4A (Variation and recall of account freezing orders and applications for forfeiture orders) and 3.19.5A (Associated and joint property: transfer to Court of Session).