Part 8

Investigations
Chapter 3

Scotland

Disclosure orders

Supplementary
396
1
An application for a disclosure order may be made ex parte to—
a
in the case of an order made in a confiscation investigation, a judge of the High Court of Justiciary;
b
in the case of an order made in a civil recovery investigation, a judge of the Court of Session,
in chambers.
2
Provision may be made by rules of court as to the discharge and variation of disclosure orders.
3
Rules of court under subsection (2) relating to disclosure orders—
a
made in a confiscation 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 shall, without prejudice to section 5 of the Court of Session Act 1988 (c. 36), be made by act of sederunt.
4
An application to discharge or vary a disclosure order may be made to a judge of the court which made the order by—
a
the Lord Advocate or the Scottish Ministers;
b
any person affected by the order.
5
The court may—
a
discharge the order;
b
vary the order.