Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Detention and Forfeiture of Terrorist Cash) 2002

Amendment of the principal Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) shall be amended in accordance with the following paragraph.

(2) In Chapter 3, after Part XVI (Adults with Incapacity (Scotland) Act 2000)(2), insert–

“PART XVII ANTI-TERRORISM, CRIME AND SECURITY ACT 2001

Interpretation

3.17.1   In this Part, any reference to a specified paragraph shall be construed as a reference to the paragraph bearing that number in Schedule 1 to the Anti-terrorism, Crime and Security Act 2001(3).

Applications for extended detention of cash

3.17.2— (1) An application to the sheriff for an order under paragraph 3(2) (extended detention of seized cash) shall be made by summary application.

(2) An application for any further order for the detention of cash under paragraph 3(2) shall be made by minute in the original process and shall be proceeded with in accordance with sub-paragraph (3) below.

(3) On the lodging of an application for any further order the sheriff shall–

(a) fix a date for determination of the application; and

(b) order service of the application together with notice of such date for determination on any persons whom he considers may be affected.

Applications for release of detained cash

3.17.3— (1) An application to the sheriff under paragraph 5(2) (application for release of detained cash) or under paragraph 9(1) (application by person who claims that cash belongs to him) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.

(2) On the lodging of such an application the sheriff shall–

(a) fix a date for a hearing; and

(b) order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application.

Applications for forfeiture of detained cash

3.17.4— (1) An application to the sheriff under paragraph 6(1) (application for forfeiture of detained cash) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.

(2) On the lodging of such an application the sheriff shall–

(a) fix a date for a hearing; and

(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.

Applications for compensation

3.17.5— (1) An application to the sheriff under paragraph 10(1) (application for compensation) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.

(2) On the lodging of such an application the sheriff shall–

(a) fix a date for a hearing; and

(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.”.

(1)

S.I. 1999/929, as amended by S.S.I. 2000/148 and 387, 2001/142 and 2002/ .

(2)

Inserted by S.S.I. 2001/142.

(3)

2001 c. 24.