Part 8

Investigations
Chapter 3

Scotland

Unexplained wealth orders

Extension of period for making determination where interim freezing order has been made
396DA
1
The Court of Session may, on an application made by the Scottish Ministers or the Lord Advocate, extend the determination period if satisfied that—
a
the applicant is working diligently and expeditiously towards making a determination under section 396D(2)(b) or (3) (as the case may be),
b
further time is needed to make that determination, and
c
it is reasonable in all the circumstances for the period to be extended.
2
The application must be made before the determination period would otherwise end.
3
An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end.
4
Where the period is extended under subsection (1), it may be further extended by the Court of Session (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one).
5
But the determination period as extended must not exceed the period of 186 days starting with the day of compliance (within the meaning given by section 396D(8)(b)).
Ss. 396A-396I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 4, 58(1)(6); S.I. 2018/78, reg. 3(a)
Ss. 396DA, 396DB inserted (15.5.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 50(3), 69(1); S.I. 2022/519, regs. 1(3), 2