Amendment of the Rules of the Court of Session 1994I12
1
The Rules of the Court of Session 1994 M1 are amended in accordance with this paragraph.
2
In Chapter 96 (Counter-Terrorism Act 2008 – Financial Restrictions Proceedings) M2—
a
for the heading substitute “
Financial Restrictions Proceedings and Sanctions Proceedings
”
; and
b
for “the Treasury” where it occurs substitute “
the appropriate Minister
”
.
3
In rule 96.1 (interpretation and application of this Chapter)—
a
in paragraph (1)—
i
after the definition of “the 2008 Act” insert—
“the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018;
“appropriate Minister” means—
a
in relation to sanctions proceedings in respect of a decision of the Secretary of State, the Secretary of State; or
b
in relation to financial restrictions proceedings, or to sanctions proceedings in respect of a decision of the Treasury, the Treasury;
ii
after the definition of “financial restrictions proceedings” insert—
“sanctions decision” means a decision mentioned in section 38(1) of the 2018 Act;
“sanctions decision proceedings” means proceedings in the Court of Session on an application under section 38(2) of the 2018 Act;
iii
in the definition of “special advocate” after “proceedings” where it first occurs insert “
or sanctions decision proceedings
”
; and
b
in paragraph 3, after “financial restrictions proceedings”, both times it appears, insert “
or sanctions decision proceedings
”
.
4
In rule 96.2 (application to set aside a financial restrictions decision)—
a
in the cross-heading after “financial restrictions decision” insert “
or sanctions decision
”
;
b
in paragraph (1) after “financial restrictions decision” insert “
or under section 38(2) of the 2018 Act to set aside a sanctions decision
”
;
c
in paragraph (2)(a) after “financial restrictions decision” insert “
or sanctions decision
”
; and
d
in paragraph (3)(a) after “financial restrictions decision” insert “
or sanctions decision
”
.
5
In rule 96.3 (lodging of process) after “financial restrictions proceedings” insert “
or sanctions decision proceedings
”
.
6
In rule 96.4 (disclosure) after “financial restrictions proceedings”, where it appears, insert “
or sanctions decision proceedings
”
.
7
In rule 96.5(1) (applications for permission not to disclose material) after “financial restrictions proceedings” insert “
or sanctions decision proceedings
”
.
8
In paragraphs (1), (4) and (6) of rule 96.9 (appointment of special advocates) after “financial restrictions proceedings” insert “
or sanctions decision proceedings
”
.
9
In paragraphs (1) and (2) of rule 96.11 (exclusion from hearings) after “financial restriction proceedings” insert “
or sanctions decision proceedings
”
.
10
In rule 96.12(1) (opinions of the court) after “financial restrictions proceedings” insert “
or sanctions decision proceedings
”
.
11
In rule 96.13 (recording of financial restrictions proceedings)—
a
in the cross-heading after “financial restrictionsproceedings” insert “
or sanctions decision proceedings
”
; and
b
in paragraph (1) after “financial restrictions proceedings” insert “
or sanctions decision proceedings
”
.