Part 1Mutual assistance in criminal matters
Chapter 4Information about banking transactions
Requests for information about banking transactions in Scotland for use abroad
38Making, varying or discharging customer information orders
1
A sheriff may make a customer information order, on an application made to him pursuant to a direction under section 37(3), if he is satisfied that—
a
the person specified in the application is subject to an investigation in the country in question,
b
the investigation concerns conduct which is serious criminal conduct,
c
the conduct constitutes an offence in Scotland, or would do were it to occur in Scotland, and
d
the order is sought for the purposes of the investigation.
2
The application may be made ex parte to a sheriff in chambers.
3
The application may specify—
a
all financial institutions,
b
a particular description, or particular descriptions, of financial institutions, or
c
a particular financial institution or particular financial institutions.
4
The court may discharge or vary a customer information order on an application made by the procurator fiscal.
5
Section 409 of the Proceeds of Crime Act 2002 (jurisdiction of sheriff) has effect for the purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.