Part 8

Investigations
Chapter 3

Scotland

Unexplained wealth orders: interim freezing of property

Supervision of section 396P receiver and variations
396R
1
Any of the following persons may at any time apply to the Court of Session for directions as to the exercise of the functions of a receiver appointed under section 396P—
a
the receiver;
b
a party to the proceedings for the appointment of the receiver or the interim freezing order concerned;
c
a person affected by an action taken by the receiver;
d
a person who may be affected by an action proposed to be taken by the receiver.
2
Before it gives directions under subsection (1), the court must give an opportunity to be heard to—
a
the receiver;
b
the parties to the proceedings for the appointment of the receiver and for the interim freezing order concerned;
c
any person who may be interested in the application under subsection (1).
3
The court may at any time vary or recall—
a
the appointment of a receiver under section 396P,
b
an order under section 396Q, or
c
directions under this section.
4
Before exercising a power under subsection (3) the court must give an opportunity to be heard to—
a
the receiver;
b
the parties to the proceedings for the appointment of the receiver, for the order under section 396Q or (as the case may be) for the directions under this section;
c
the parties to the proceedings for the interim freezing order concerned;
d
any person who may be affected by the court's decision.
Ss. 396J-396S 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. 5, 58(1)(6); S.I. 2018/78, reg. 3(a)