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Proceeds of Crime Act 2002

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This is the original version (as it was originally enacted).

403Supplementary
This section has no associated Explanatory Notes

(1)An application for a customer information order may be made ex parte to a sheriff in chambers.

(2)Provision may be made by rules of court as to the discharge and variation of customer information orders.

(3)Rules of court under subsection (2) relating to customer information orders—

(a)made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46), be made by act of adjournal;

(b)made in a civil recovery investigation shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58), be made by act of sederunt.

(4)An application to discharge or vary a customer information order may be made to the sheriff by—

(a)the person who applied for the order;

(b)any person affected by the order.

(5)The sheriff may—

(a)discharge the order;

(b)vary the order.

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