Act of Sederunt (Rules of the Court of Session 1994) 1994

[F1 PART III S APPLICATIONS UNDER THE PROCEEDS OF CRIME ACT 2002, THE OVERSEAS FORFEITURE ORDER OF 2005 AND THE POCA ORDER OF 2005

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 3 heading and rules 76.27, 76.28 substituted (31.12.2005) by Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Proceeds of Crime: External Requests and Orders etc.) 2005 (S.S.I. 2005/663), paras. 1(1), 2(4)

Interpretation and application of this Part S

76.27 .— (1) In this Part–

(a) “the Act of 2002” means the Proceeds of Crime Act 2002;

(b) “the Overseas Forfeiture Order of 2005” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005;

(c) “the POCA Order of 2005” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;

(d) “external order” has the meaning given in section 447(2) of the Act of 2002;

(e) references to an administrator are to an administrator appointed under section 125(1) or 128(3) of the Act of 2002, article 10(1) or 18(2) of the Overseas Forfeiture Order of 2005 or article 63(1) or 73(2) of the POCA Order of 2005.

(2) This Part applies to applications under–

(a) Parts 3 and 5 of the Act of 2002;

(b) Part 8 of the Act of 2002 in relation to property that is the subject of a civil recovery investigation;

(c) the Overseas Forfeiture Order of 2005 except article 13 (application to give effect to external forfeiture orders) and article 16 (registration of external orders);

(d) Parts 3 and 5 of the POCA Order of 2005 except article 66 (application to give effect to external orders) and article 69 (registration of external orders).

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 3 heading and rules 76.27, 76.28 substituted (31.12.2005) by Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Proceeds of Crime: External Requests and Orders etc.) 2005 (S.S.I. 2005/663), paras. 1(1), 2(4)

Restraint and administration orders S

76.28.— (1) An application under the following provisions shall be made by petition:–

(a) section 121(1) of the Act of 2002 (restraint orders);

(b) section 125(1) of the Act of 2002 (management administrators);

(c) section 128(2) of the Act of 2002 (enforcement administrators);

(d) article 6(1) of the Overseas Forfeiture Order of 2005 (restraint orders);

(e) article 10(1) of the Overseas Forfeiture Order of 2005 (management administrators);

(f) article 18(2) of the Overseas Forfeiture Order of 2005 (enforcement administrators);

(g) article 59(1) of the POCA Order of 2005 (restraint orders);

(h) article 63(1) of the POCA Order of 2005 (management administrators); and

(i) article 73(2) of the POCA Order of 2005 (enforcement administrators).

(2) An application under the following provisions shall be made by note in process:–

(a) section 121(5) of the Act of 2002 (recall and variation of restraint orders);

(b) section 134(2) of the Act of 2002 (protection of persons affected);

(c) section 140(1)(b) of the Act of 2002 (variation or discharge of confiscation orders);

(d) article 6(4) of the Overseas Forfeiture Order of 2005 (recall or variation of restraint orders);

(e) article 22(2) of the Overseas Forfeiture Order of 2005 (protection of persons affected);

(f) article 59(4) (recall or variation of restraint orders) of the POCA Order of 2005;

(g) article 81(2) (protection of persons affected) of the POCA Order of 2005.

(3) An application under the following provisions shall be made by motion:–

(a) section 123(1) and (7) of the Act of 2002 (inhibition of property affected by restraint order);

(b) section 124(1) and (6) of the Act of 2002 (arrestment of property affected by restraint order);

(c) section 135(1) of the Act of 2002 (recall and variation of order appointing administrator);

(d) article 8(1) and (7) of the Overseas Forfeiture Order of 2005 (inhibition of property affected by restraint order);

(e) article 9(1) and (6) of the Overseas Forfeiture Order of 2005 (arrestment of property affected by restraint order);

(f) article 23(1) of the Overseas Forfeiture Order of 2005 (recall and variation of order appointing administrator);

(g) article 61(1) and (7) of the POCA Order of 2005 (inhibition of property affected by restraint order);

(h) article 62(1) and (6) of the POCA Order of 2005 (arrestment of property affected by restraint order; and

(i) article 82(1) of the POCA Order of 2005 (recall and variation of order appointing administrator).

(4) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:–

(a) section 121(1) of the Act of 2002 (restraint orders);

(b) section 123(1) of the Act of 2002 (inhibition of property affected by restraint order);

(c) section 124(1) of the Act of 2002 (arrestment of property affected by restraint order);

(d) article 6(1) of the Overseas Forfeiture Order in Council of 2005 (restraint orders);

(e) article 8(1) of the Overseas Forfeiture Order of 2005 (inhibition of property affected by restraint order);

(f) article 9(1) of the Overseas Forfeiture Order of 2005 (arrestment of property affected by restraint order);

(g) article 59(1) of the POCA Order of 2005 (restraint orders);

(h) article 61(1) of the POCA Order of 2005 (inhibition of property affected by restraint order); and

(i) article 62(1) of the POCA Order of 2005 (arrestment of property affected by restraint order).]

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 3 heading and rules 76.27, 76.28 substituted (31.12.2005) by Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Proceeds of Crime: External Requests and Orders etc.) 2005 (S.S.I. 2005/663), paras. 1(1), 2(4)