Act of Sederunt (Proceeds of Crime Rules) 1996

Recall or variation of restraint orders

4.—(1) An application to the sheriff under any of the following provisions of the Act of 1995 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–

(a) section 29(4) or (5) (recall of restraint orders in relation to realisable property);

(b) section 30(3) or (4) (recall of restraint orders in relation to forfeitable property);

(c) section 31(1) (variation or recall of restraint order).

(2) In respect of an application by note under paragraph (1)(c) above by a person having an interest for an order for variation or recall under section 31(1)(b) of the Act of 1995–

(a) the note shall be lodged in process within 21 days after service of the restraint order on that person or within such other period as the sheriff thinks fit; and

(b) the period of notice for lodging answers to the note shall be 14 days or such other period as the sheriff thinks fit.