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Proceeds of Crime (Scotland) Act 1995

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This is the original version (as it was originally enacted).

36Provisions supplementary to section 35

(1)The Court of Session shall, on application made to it in accordance with rules of court for registration of an order to which section 35 of this Act applies, direct that the order shall, in accordance with such rules, be registered in that Court.

(2)Subsections (1) and (3) of section 35 of this Act and subsection (1) above are subject to any provision made by rules of court—

(a)as to the manner in which and conditions subject to which that section applies are to be enforced in Scotland;

(b)for the sisting of proceedings for enforcement of such an order;

(c)for the modification or cancellation of the registration of such an order if the order is modified or revoked or ceases to have effect.

(3)This section and section 35 of this Act are without prejudice to any enactment or rule of law as to the effect of notice or the want of it in relation to orders of the High Court.

(4)The Court of Session shall have the like power to make an order under section 1 of the [1972 c. 59.] Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents etc.) in relation to proceedings brought or likely to be brought under—

(a)Part VI of the 1988 Act; or

(b)the 1994 Act,

in the High Court as if those proceedings were brought or were likely to be brought in the Court of Session.

(5)The Court of Session may, additionally, for the purpose of—

(a)assisting the achievement in Scotland of the purposes of orders to which section 35 of this Act applies;

(b)assisting receivers performing functions thereunder or for the purposes of section 77, 80 or 81 of the 1988 Act or section 26, 29 or 30 of the 1994 Act,

make such orders and do otherwise as seems to it appropriate.

(6)A document purporting to be a copy of an order under or for the purposes of—

(a)Part VI of the 1988 Act; or

(b)the 1994 Act,

by the High Court and to be certified as such by a proper officer of that Court shall, in Scotland, be sufficient evidence of the order.

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