(1)An application for a production order or an order to grant entry may be made ex parte to a sheriff in chambers.
(2)Provision may be made by rules of court as to the discharge and variation of production orders and orders to grant entry.
(3)Rules of court under subsection (2) relating to production orders and orders to grant entry—
(a)made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46) be made by act of adjournal;
(b)made in a civil recovery investigation [F1, a detained cash investigation, a detained property investigation [F2or a frozen funds investigation] [F2, a frozen funds investigation or a cryptoasset investigation]] shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58) be made by act of sederunt.
(4)An application to discharge or vary a production order or an order to grant entry may be made to the sheriff by—
(a)the person who applied for the order;
(b)any person affected by the order.
(5)The sheriff may—
(a)discharge the order;
(b)vary the order.
Textual Amendments
F1Words in s. 386(3)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 63; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
F2Words in s. 386(3)(b) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 8(21)
Commencement Information
I1S. 386 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)