19(1)A restraint order shall provide for notice of it to be given to any person affected by the order.U.K.
(2)A restraint order may be recalled or varied by the Court of Session on the application of any person affected by it.
[F1(3)A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.
(3A)A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—
(a)if no proceedings in respect of [F2relevant offences] are instituted within such time as the Court of Session considers reasonable, and
(b)if all proceedings in respect of [F2relevant offences] have been concluded.]
(4)When proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the Court for recall of the order.
Textual Amendments
F1Sch. 4 para. 19(3)(3A) substituted for Sch. 4 para. 19(3) (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 3(5); S.I. 2001/4019, art. 2(1)(c)
F2Words in Sch. 4 para. 19(3A)(a)(b) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(14) (with s. 101(2)); S.I. 2009/1256, art. 2(c)