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

CHAPTER 76 S CAUSES IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME

[F1  F2 PART IA S APPLICATIONS UNDER THE PROCEEDS OF CRIME ACT 2002

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F2 Sch. 2 Ch. 76 Pt. 1A renumbered as Ch. 76 Pt. 3 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(19)

Interpretation of this part S

F3 76A.1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Restraint and administration orders S

Applications S

F3 76A.2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Documents for Accountant of Court S

F3 76A.3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Procedure for fixing and finding caution S

F3 76A.4.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Time for finding caution S

F3 76A.5.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Administrator’s title to act S

F3 76A.6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Accounts S

F3 76A.7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Application for discharge of administrator S

F3 76A.8.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Appeals against determination of outlays and remuneration S

F3 76A.9.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Civil recovery proceedings S

Applications S

F3 76A.10.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Civil recovery investigations S

Disclosure orders S

F3 76A.11.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Co-operation S

Co-operation S

F3 76A.12.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

PART I S CAUSES UNDER THE [F4 PROCEEDS OF CRIME (SCOTLAND) ACT 1995]

Textual Amendments

F4 Words in Sch. 2 Ch. 76 Pt. 1 heading substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(21)

Interpretation of this Part S

76.1.  In this Part–

[F5 “the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995;

“administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act of 1995;

“restraint order” has the meaning assigned in section 49(1) of the Act of 1995.]

Textual Amendments

F5 Words in Sch. 2 rule 76.1 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(22)

Commencement Information

I1 Sch. 2 rule 76.1 in force at 5.9.1994, see para. 1(1)

Disapplication of certain rules to this Part S

76.2.  The following rules shall not apply to a petition or note mentioned in this Part:–

• rule 14.5 (first order in petitions),

• rule 14.6(1) (period of notice for lodging answers),

• rule 14.7 (intimation and service of petitions),

• rule 14.9 (unopposed petitions).

Commencement Information

I2 Sch. 2 rule 76.2 in force at 5.9.1994, see para. 1(1)

Applications for restraint orders S

76.3.—(1) An application under section [F6 28(1) of the Act of 1995] (application for restraint order) shall be made by petition.

(2) Where the court pronounces an interlocutor making a restraint order, the Lord Advocate shall serve a certified copy of that interlocutor on every person named in the interlocutor as restrained by the order.

[F7 (3) Where the application is made under the said section as applied by article 4 of the Confiscation of the Proceeds of Crime (Designated Countries and Territories) (Scotland) Order 1999 (application in relation to certain external confiscation orders etc.) or by article 4 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999 (application in relation to certain external forfeiture orders etc.), there shall be appended to the petition a certificate in conformity with paragraph (b) of subsection (3) of the section as so applied by the article in question; but that certificate, as so appended, shall not include a statement of information or belief with the sources and grounds thereof if the prayer includes an application for a direction under that paragraph.

(4) Where the court grants the prayer of the petition in an application such as is mentioned in paragraph (3) but declines to make such direction as is so mentioned, the petitioner shall forthwith lodge in process, as an addendum to the certificate which was appended to the petition, a statement of information or belief with the sources and grounds thereof.]

Textual Amendments

F6 Words in Sch. 2 rule 76.3 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(23)

F7 Sch. 2 rule 76.3(3)(4) added (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(6)

Commencement Information

I3 Sch. 2 rule 76.3 in force at 5.9.1994, see para. 1(1)

Applications in relation to protective measures S

76.4.—(1) An application under any of the following provisions of [F8 the Act of 1995] shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–

[F9 (a) section 29(4) or (5) (recall of restraint order in relation to realisable property);

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

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

(d) section 32(5) (recall or restriction of inhibition);

(e) section 33(4) (recall or restriction of arrestment).]

(2) In respect of an application by note under paragraph (1) by a person having an interest for an order under section [F10 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; and

(b) subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the note shall be 14 days.

(3) An application F11 ... [F12 under section 31(1)(a) of the Act of 1995] to extend a restraint order shall not be intimated, served or advertised before the application is granted.

(4) An application [F13 by the Lord Advocate under section 32(1) [F14 or 33(1)] (warrant for inhibition) of the Act of 1995, or by the prosecutor under section 33(1) (warrant for arrestment) of that Act,] may be made–

(a) in the prayer of the petition under section [F15 28(1) of that Act]; or

(b) if made after the petition has been presented, by motion which shall not be intimated.

(5) An application under section [F16 32(1)(a) (recall, loosing or restriction of inhibition), or section 33(2) (recall, loosing or restriction of arrestment), of the Act of 1995] shall be made by motion.

(6) An application under section [F17 28(8) of the Act of 1995] (interdict) may be be made–

(a) in the prayer of the petition under section [F18 28(1)] of that Act; or

(b) if made after the petition has been presented, by note in the process of that petition.

(7) An application by note under paragraph (6)(b) shall not be intimated, served or advertised before the application is granted.

[F19 (7A) Where the court, having pronounced an interlocutor making a restraint order, interdicts a person not subject to that order from dealing with property affected by it while it is in force, the Lord Advocate shall so intimate to that person.]

(8) Where the court pronounces an interlocutor granting an application mentioned in paragraph (3) or (4), the Lord Advocate shall serve a certified copy of that interlocutor on the persons affected by it.

[F20 (9) At the time at which he complies with section 31(6) of the Act of 1995 (informing of persons interdicted in relation to a restraint order that the order is recalled), the clerk of court (or as the case may be the Deputy Principal Clerk) shall record in the process when and how the person in question was so informed.]

Textual Amendments

F8 Words in Sch. 2 rule 76.4(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(a)(i)

F9 Sch. 2 rule 76.4(1)(a)-(e) substituted for rule 76.4(1)(a)-(c) (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(a)(ii)

F10 Words in Sch. 2 rule 76.4(2) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(b)

F11 Words in Sch. 2 rule 76.4(3) omitted (1.5.1999) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(7)(a)

F12 Words in Sch. 2 rule 76.4(3) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(c)

F13 Words in Sch. 2 rule 76.4(4) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(d)(i)

F14 Words in Sch. 2 rule 76.4(4) inserted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(7)(b)

F15 Words in Sch. 2 rule 76.4(4)(a) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(d)(ii)

F16 Words in Sch. 2 rule 76.4(5) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(e)

F17 Words in Sch. 2 rule 76.4(6) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(f)(i)

F18 Word in Sch. 2 rule 76.4(6)(a) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(24)(f)(ii)

F19 Sch. 2 rule 76.4(7A) inserted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(7)(d)

F20 Sch. 2 rule 76.4(9) added (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(7)(e)

Commencement Information

I4 Sch. 2 rule 76.4 in force at 5.9.1994, see para. 1(1)

Applications for F21 ... compensation S

76.5.  An application under section [F22 17 (compensation) of the Act of 1995] shall be made by petition.

Textual Amendments

F21 Words in Sch. 2 rule 76.5 heading omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(25)(a)

F22 Words in Sch. 2 rule 76.5 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(25)(b)

Commencement Information

I5 Sch. 2 rule 76.5 in force at 5.9.1994, see para. 1(1)

Applications for disclosure of information by government departments S

76.6.  An application under section [F23 20 of the Act of 1995] (disclosure of information held by government departments) may by made–

(a) by petition;

(b) where there is a restraint order in force, by note in the process of the petition for that restraint order; or

(c) where an administrator has been appointed, by note in the process of the petition to appoint him.

Textual Amendments

F23 Words in Sch. 2 rule 76.6 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(26)

Commencement Information

I6 Sch. 2 rule 76.6 in force at 5.9.1994, see para. 1(1)

Applications for appointment of administrators S

76.7.—(1) An application under section [F24 paragraph 1(1) of Schedule 1 to the Act of 1995] (appointment of administrators) shall be made–

(a) where a restraint order has been made, by note in the process of the petition for that restraint order; or

(b) in any other case, by petition.

(2) The notification to be made by the clerk of court under [F25 paragraph 1(3)(a) of Schedule 1 to the Act of 1995] shall be made by intimation of a certified copy of the interlocutor to the person required to give possession of property to an administrator.

Textual Amendments

F24 Words in Sch. 2 rule 76.7(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(27)(a)

F25 Words in Sch. 2 rule 76.7(2) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(27)(b)

Commencement Information

I7 Sch. 2 rule 76.7 in force at 5.9.1994, see para. 1(1)

Incidental applications in an administration S

76.8.—(1) An application under any of the following provisions of [F26 Schedule 1 to the Act of 1995] shall be made by note in the process of the petition for appointment of the administrator:–

[F27 (a) paragraph 1(1) with respect to an application after appointment of an administrator to require a person to give property to him;]

(b) [F28 paragraph 1(4)] (making or altering a requirement or removal of administrator);

(c) [F29 paragraph 1(5)] (appointment of new administrator on death, resignation or removal of administrator);

(d) [F30 paragraph 2(1)(n)] (directions as to functions of administrator); and

(e) [F31 paragraph 4] (directions for application of proceeds).

(2) An application under any of the following provisions of [F32 Schedule 1 to the Act of 1995] shall be made in the prayer of the petition for appointment of an administrator under [F33 paragraph 1(1) of that Schedule] or, if made after the petition has been presented, by note in that process:–

(a) section [F34 paragraph 2(1)(o)] (special powers of administrator);

(b) [F35 paragraph 2(3)] (vesting of property in administrator); and

(c) [F36 paragraph 12] (orders [F37 to facilitate the] realisation of property).

Textual Amendments

F26 Words in Sch. 2 rule 76.8(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(i)

F27 Sch. 2 rule 76.8(1)(a) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(ii)

F28 Words in Sch. 2 rule 76.8(1)(b) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(iii)

F29 Words in Sch. 2 rule 76.8(1)(c) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(iv)

F30 Words in Sch. 2 rule 76.8(1)(d) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(v)

F31 Words in Sch. 2 rule 76.8(1)(e) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(a)(vi)

F32 Words in Sch. 2 rule 76.8(2) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(b)(i)

F33 Words in Sch. 2 rule 76.8(2) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(b)(ii)

F34 Words in Sch. 2 rule 76.8(2)(a) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(b)(iii)

F35 Words in Sch. 2 rule 76.8(2)(b) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(b)(iv)

F36 Words in Sch. 2 rule 76.8(2)(c) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(28)(b)(v)

F37 Words in Sch. 2 rule 76.8(2)(c) substituted (21.4.1998) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 1998 (S.I. 1998/890), paras. 1(1), 2(16)

Commencement Information

I8 Sch. 2 rule 76.8 in force at 5.9.1994, see para. 1(1)

Requirements where order to facilitate realisation of property considered S

76.9.  Where the court considers making an order under [F38 paragraph 12(1) of Schedule 1 to the Act of 1995] (order to facilitate the realisation of property)–

(a) the court shall fix a date for a hearing on the Motion Roll in the first instance; and

(b) the petitioner or noter, as the case may be, shall serve a notice in Form 76.9 on any person who has an interest in the property.

Textual Amendments

F38 Words in Sch. 2 rule 76.9 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(29)

Commencement Information

I9 Sch. 2 rule 76.9 in force at 5.9.1994, see para. 1(1)

Documents for Accountant of Court S

76.10.—(1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.

(2) The clerk of session in the Petition department shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the court unless such part of the process is, at the time of request, required by the court.

Commencement Information

I10 Sch. 2 rule 76.10 in force at 5.9.1994, see para. 1(1)

Procedure for finding caution S

76.11.—(1) Rule 61.9 (finding caution in judicial factories), except paragraph (4), shall, with the necessary modifications, apply to the finding of caution by an administrator under this Part as it applies to the finding of caution by a judicial factor.

(2) A certified copy of the interlocutor appointing an administrator shall not be issued by a clerk of session until the Accountant of Court has given written intimation to the Petition Department that caution has been found or other security given.

Commencement Information

I11 Sch. 2 rule 76.11 in force at 5.9.1994, see para. 1(1)

Administrator’s title to act S

76.12.  An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.

Commencement Information

I12 Sch. 2 rule 76.12 in force at 5.9.1994, see para. 1(1)

Duties of administrator S

76.13.—(1) The administrator shall, as soon as possible, but within 3 months after the date of his appointment, lodge with the Accountant of Court–

(a) an inventory of the property in respect of which he has been appointed;

(b) all vouchers, securities, and other documents which are in his possession; and

(c) a statement of that property which he has in his possession or intends to realise.

(2) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (3)–

(a) within 6 months after the date of his appointment, and

(b) at 6 monthly intervals after the first account during the subsistence of his appointment,

lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.

(3) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.

Commencement Information

I13 Sch. 2 rule 76.13 in force at 5.9.1994, see para. 1(1)

State of funds and scheme of division S

76.14.—(1) The administrator shall–

(a) where there are funds available for division, prepare a state of funds after application of sums in accordance with section [F39 paragraph 4(2) of Schedule 1 to the Act of 1995] and a scheme of division amongst those who held property which has been realised under that Act and lodge them and all relevant documents with the Accountant of Court; or

(b) where there are no funds available for division, prepare a state of funds only and lodge it with the Accountant of Court, and give to the Accountant of Court such explanations as he shall require.

(2) The Accountant of court shall–

(a) make a written report on the state of funds and any scheme of division including such observations as he considers appropriate for consideration by the Lord Ordinary; and

(b) return the state of funds and any scheme of division to the administrator with his report.

(3) The administrator shall, on receiving the report of the Accountant of Court–

(a) lodge in process the report, the state of funds and any scheme of division;

(b) intimate a copy of it to the Lord Advocate; and

(c) intimate to each person who held property which has been realised under the Act of [F40 1995] a notice stating–

(i) that the state of funds and scheme of division or the state of funds only, as the case may be, and the report of the Accountant of Court, have been lodged in process;

(ii) the amount for which that person has been ranked, and whether he is to be paid in full, or by a dividend, and the amount of it, or that no funds are available for payment.

Textual Amendments

F39 Words in Sch. 2 rule 76.14(1)(a) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(30)(a)

F40 Word in Sch. 2 rule 76.14(3)(c) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(30)(b)

Commencement Information

I14 Sch. 2 rule 76.14 in force at 5.9.1994, see para. 1(1)

Objections to scheme of division S

76.15.—(1) A person wishing to be heard by the court in relation to the distribution of property under [F41 paragraph 4(3) of Schedule 1 to the Act of 1995] shall lodge a note of objection in the process to which the scheme of division relates within 21 days of the date of the notice intimated under rule 76.14(3)(c).

(2) After the period for lodging a note of objection has expired and no note of objection has been lodged, the administrator may apply by motion for approval of the scheme of division and state of funds, or the state of funds only, as the case may be.

(3) After the period for lodging a note of objection has expired and a note of objection has been lodged, the Lord Ordinary shall dispose of such objection after hearing any objector and the administrator and making such inquiry as he thinks fit.

(4) If any objection is sustained to any extent, the necessary alterations shall be made to the state of funds and any scheme of division and shall be approved by the Lord Ordinary.

Textual Amendments

F41 Words in Sch. 2 rule 76.15(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(31)

Commencement Information

I15 Sch. 2 rule 76.15 in force at 5.9.1994, see para. 1(1)

Application for discharge of administrator S

76.16.—(1) Where the scheme of division is approved by the court and the administrator has paid, delivered or conveyed to the persons entitled the sums or receipts allocated to them in the scheme, the administrator may apply for his discharge.

(2) An application for discharge of the administrator shall be made by note in the process of the application under [F42 paragraph 1(1) of Schedule 1 to the Act of 1995].

Textual Amendments

F42 Words in Sch. 2 rule 76.16(2) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(32)

Commencement Information

I16 Sch. 2 rule 76.16 in force at 5.9.1994, see para. 1(1)

Appeals against determination of outlays and remuneration S

76.17.—(1) An appeal under [F43 paragraph 6(2) of Schedule 1 to the Act of 1995] (appeal against a determination by the Accountant of Court), shall be made by note in the process [F44 in which the administrator was appointed].

(2) Where a note is lodged under paragraph (1), the Keeper of the Rolls shall put the cause out on the By Order Roll on the first available day for a hearing before the Lord Ordinary.

Textual Amendments

F43 Words in Sch. 2 rule 76.17(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(33)(a)

F44 Words in Sch. 2 rule 76.17(1) substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(33)(b)

Commencement Information

I17 Sch. 2 rule 76.17 in force at 5.9.1994, see para. 1(1)

Remits from High Court of Justiciary S

F45 76.18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 2 rule 76.18 omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(34)

PART II S APPLICATIONS UNDER THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989 [F46 OR THE ORDER OF 1995]

Textual Amendments

F46 Words in Sch. 2 Ch. 76 Pt. 2 heading inserted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(35)

Application and interpretation of this Part S

76.19.  In this Part–

“the [F47 Act] of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989(1);

“administrator” shall be construed in accordance with paragrapfi h 11(1)(b) of Schedule 4 to the Act of 1989;

[F48 “the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995;]

“restraint order” means an order made under paragraph 13(1) of Schedule 4 to the Act of 1989.

Textual Amendments

F47 Word in Sch. 2 rule 76.19 substituted (5.12.1994) by Act of Sederunt (Rules of the Court of Session 1994 Amendment No.3) (Miscellaneous) 1994 (S.I. 1994/2901), paras. 1(1), 2(21)(b)

F48 Words in Sch. 2 rule 76.19 inserted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(36)

Commencement Information

I18 Sch. 2 rule 76.19 in force at 5.9.1994, see para. 1(1)

Disapplication of certain rules to this Part S

76.20.  The following rules shall not apply to a petition or note mentioned in this Part:–

• rule 14.5 (first order in petitions),

• rule 14.6 (1) (period of notice for lodging answers),

• rule 14.7 (intimation and service of petitions),

• rule 14.9 (unopposed petitions).

Commencement Information

I19 Sch. 2 rule 76.20 in force at 5.9.1994, see para. 1(1)

Applications for restraint orders S

76.21.—(1) An application under paragraph 14(1) of Schedule 4 to the Act of 1989 (restraint order), shall be made by petition.

(2) Where the court pronounces an interlocutor making a restraint order, the Lord Advocate shall serve a certified copy of that interlocutor on every person named in the interlocutor as restrained by the order.

Commencement Information

I20 Sch. 2 rule 76.21 in force at 5.9.1994, see para. 1(1)

Applications in relation to protective measures S

76.22.—(1) An application under any of the following provisions of Schedule 4 to the Act of 1989 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–

(a) paragraph 13(4) (discharge of a restraint order);

(b) paragraph 14(2) (variation or recall of restraint order); and

(c) paragraph 14(3) (recall of restraint order).

(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to a note under paragraph (1)(b) [F49 of this rule] by any person affected by a restraint order shall be 14 days.

(3) An application under paragraph 16(1) [F50 (warrant for inhibition), or 16A(1) (warrant for arrestment),] of Schedule 4 to the Act of 1989 F51 ... may be made–

(a) in the prayer of the petition under paragraph 13(1) of Schedule 4 to the Act of 1989; or

(b) if made after the petition has been presented, by motion which shall not be intimated.

(4) Any of the following applications under Schedule 4 to the Act of 1989 shall be made by motion:–

[F52 (a) an application to recall, loose or restrict an inhibition under paragraph 16(2)(a);

(b) an application under paragraph 16(6)(a) (recall or restriction of inhibition);

(c) an application to recall, loose or restrict an arrestment under paragraph 16A(2); or

(d) an application under paragraph 16A(4) (recall or restriction of arrestment).]

Textual Amendments

F49 Words in Sch. 2 rule 76.22(2) inserted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(37)(a)

F50 Words in Sch. 2 rule 76.22(3) inserted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(37)(b)(i)

F51 Words in Sch. 2 rule 76.22(3) omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(37)(b)(ii)

F52 Sch. 2 rule 76.22(4)(a)-(d) substituted for rule 76.22(4)(a)(b) (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(37)(c)

Commencement Information

I21 Sch. 2 rule 76.22 in force at 5.9.1994, see para. 1(1)

Applications for compensation S

76.23.  An application under paragraph 17(1) of Schedule 4 to the Act of 1989 (compensation) shall be made by petition.

Commencement Information

I22 Sch. 2 rule 76.23 in force at 5.9.1994, see para. 1(1)

Powers and duties of adminsistrator S

76.24.  Subject to any condition or exception specified by the court, an administrator appointed under paragraph 11(1)(b) of Schedule 4 to the Act of 1989–

(a) may take possession of the property in respect of which he has been appointed and of any document which–

(i) is in the possession or control of the person in whom the property is vested; and

(ii) relates to the property;

(b) may have access to, and copy, any document relating to the property and not in such possession or control as is mentioned in sub-paragraph(a);

(c) may bring, defend or continue any legal proceedings relating to the property;

(d) may borrow money in so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property;

(e) may, if the administrator considers that to do so would be beneficial for the management and the realisation of the property, enter into any contract, or execute any deed, with respect to the property;

(f) may effect or maintain insurance policies with respect to the property;

(g) may, where the person in whom the property is vested has not completed title to any of the property, complete title to it: provided that completion of title in the name of the person in whom the property is vested shall not validate by accretion any unperfected right in favour of any person other than the administrator;

(h) may sell (but not to himself or an accociate of his) the property and redeem any obligation secured on that property;

(i) may discharge any of his functions through agents or employees: provided that the administrator shall be personally liable to meet the fees and expenses of any such agents or employees out of such remuneration as is payable to the administrator by virtue of paragraph 12(2) and (3) of Schedule 4 to the Act of 1989;

(j) may take such professional advice as he considers necessary for the proper discharge of his functions;

(k) may at any time apply to the court for directions with respect to the exercise of his powers and duties;

(l) may exercise any power conferred on him by the court whether such power was conferred at the time of his appointment or on his subsequent application to the court; and

(m) may do anything incidental to the above powers and duties.

(2) Subject to the proviso to sub-paragraph (g) of paragraph (1)–

(a) a person dealing with an administrator in good faith and for value shall not require to determine whether the administrator is acting within the powers mentioned in that sub-paragraph; and

(b) the validity of any title shall not be challengeable by reason only of the administrator having acted outwith those powers.

(3) The exercise of a power mentioned in any of sub-paragraphs (c) to (h) of paragraph (1) shall be in the name of the person in whom the property is vested.

Commencement Information

I23 Sch. 2 rule 76.24 in force at 5.9.1994, see para. 1(1)

Duties of administrator in relation to accounts S

76.25.—(1) The administrator shall, as soon as possible, but within 3 months after the date of his appointment, lodge with the Accountant of Court–

(a) an inventory of the property in respect of which he has been appointed;

(b) all land certficates, title deeds, vouchers and other documents which relate to that property and are in his possession; and

(c) a statement of the property which he has in his possession or intends to realise.

(2) An administrator shall maintain accounts of his intromissions with the property in his charge and shall–

(a) lodge an account of his intromissions with the Accountant of Court in such form as the Accountant of Court may require–

(i) 6 months after the date of his appointment; and

(ii) at 6 monthly intervals after the first account during the subsistence of his appointment, unless the Accountant of Court agrees to waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period; and

(b) lodge, with the account of his intromissions, all such supporting vouchers and other documents as the Accountant of Court may require.

Commencement Information

I24 Sch. 2 rule 76.25 in force at 5.9.1994, see para. 1(1)

Money received by administrator S

76.26.—(1) Subject to paragraph (2), any money received by an administrator in the exercise of his powers and duties shall be deposited by him in an appropriate bank or institution, in the name of the person in whom the property is vested.

(2) The administrator may, at any time, retain in his hands a sum of money not exceeding £200.

(3) In paragraph (1), “appropriate bank or institution” means the Bank of England, an institution authorised under the Banking Act 1987(2) or a person for the time being specified in Schedule 2 to that Act.

Commencement Information

I25 Sch. 2 rule 76.26 in force at 5.9.1994, see para. 1(1)

[F1 [F2 PART III] S APPLICATIONS UNDER THE PROCEEDS OF CRIME ACT 2002

Interpretation of this part S

[F3 76.27.] — (1) In this part–

“the Act of 2002” means the Proceeds of Crime Act 2002;

references to an administrator are to an administrator appointed under section 125(1) or 128(3);

a reference to a specified section is a reference to the section bearing that number in the Act of 2002; and any reference to a specified paragraph in a specified Schedule is a reference to the paragraph bearing that number in the Schedule of that number in the Act of 2002.

(2) This Part applies to applications under Parts 3, 5 and 8 of the Act of 2002; but it only applies to applications under Part 8 in relation to property that is the subject of a civil recovery investigation.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Restraint and administration orders S

Applications S

[F3 76.28.] — (1) An application under the following provisions shall be by petition:–

(a) section 121(1) (application, recall and variation);

(b) section 125(1) (management administrators);

(c) section 128(2) (enforcement administrators).

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

(a) section 121(5) (application, recall and variation);

(b) section 134(2) (protection of persons affected);

(c) section 140(1)(b) (confiscation order varied or discharged).

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

(a) section 123(1) and (7) (inhibition of property affected by order);

(b) section 124(1) and (6) (arrestment of property affected by order);

(c) section 135(1) (recall and variation of order).

(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);

(b) section 123(1);

(c) section 124(1).

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Documents for Accountant of Court S

[F3 76.29.] — (1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.

(2) The clerk of session in the Petition department shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the court unless such part of the process is, at the time of request, required by the court.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Procedure for fixing and finding caution S

[F3 76.30.] — (1) Rule 61.9 (finding caution in judicial factories) shall, with the necessary modifications, apply to the finding of caution by an administrator under this Part as it applies to the finding of caution by a judicial factor.

(2) A certified copy of the interlocutor appointing an administrator shall not be issued by a clerk of session until the Accountant of Court has given written intimation to the Petition Department that caution has been found or other security given.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Time for finding caution S

[F3 76.31.]— (1) Where the time within which caution is to be found is not stipulated in the interlocutor appointing the administrator, the time allowed for finding caution shall be, subject to paragraph (2) of this rule, limited to one calendar month from the date of the interlocutor.

(2) The court may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Administrator’s title to act S

[F3 76.32.]   An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Accounts S

[F3 76.33.]— (1) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (2)–

(a) within six months after the date of his appointment; and

(b) at six monthly intervals after the first account during the subsistence of his appointment,

lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.

(2) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Application for discharge of administrator S

[F3 76.34.]   An application to the court for the discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Appeals against determination of outlays and remuneration S

[F3 76.35.]— (1) An appeal under paragraph 9(1) of Schedule 3 (appeal against a determination by the Accountant of Court), shall be made by note in the process in which the administrator was appointed.

(2) Where a note is lodged under paragraph (1), the Keeper of the Rolls shall put the cause out on the By Order Roll on the first available day for a hearing before the Lord Ordinary.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Civil recovery proceedings S

Applications S

[F3 76.36.]— (1) An application under section 244(1) (proceedings for recovery orders in Scotland) shall be by petition.

(2) An application under section 256(1) (application for interim administration order) shall be made–

(a) if the application is made before the enforcement authority has commenced proceedings for a recovery order, by petition; or

(b) if it is made after the enforcement authority has commenced such proceedings, by note in process.

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

(a) section 260(1) (supervision of interim administrator);

(b) section 283(1) (compensation).

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

(a) section 258(1) and (7) (inhibition of property affected by order);

(b) section 260(3) (variation or recall of order);

(c) section 265(1) and (7) (arrestment of property affected by interim administration order).

(5) 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 258(1);

(b) section 265(1).

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Civil recovery investigations S

Disclosure orders S

[F3 76.37.]— (1) An application under section 391(1) (disclosure orders) shall be by petition.

(2) Before the court grants an application referred to in paragraph (1), the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit.

(3) An application under section 396(4) of that Act (supplementary) shall by motion.

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Co-operation S

Co-operation S

[F3 76.38.]— (1) In this rule “the Order of 2002” means The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002.

(2) An application for registration under paragraph 11 of the Order of 2002 shall be by petition.

(3) Before the court grants an application referred to in paragraph (2), the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit

(4) Where the Court makes an order under paragraph 11 of the Order of 2002, the Deputy Principal Clerk of Session shall–

(a) register the order; and

(b) send a copy of the order to any person affected by it.

(5) An order referred to in the foregoing paragraph shall be final and shall not be subject to review.]

Textual Amendments

F1 Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

F3 Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

(1)

1989 c. 4.

(2)

1987 c. 22.