Part 1

Mutual assistance in criminal matters
Chapter 4

Information about banking transactions

Requests for information about banking transactions in Scotland for use abroad

Making, varying or discharging account monitoring orders
41
1
A sheriff may make an account monitoring order, on an application made to him in pursuance of a direction under section 40(3), if he is satisfied that—
a
there is an investigation in the country in question into criminal conduct, and
b
the order is sought for the purposes of the investigation.
2
The application may be made ex parte to a sheriff in chambers.
3
The application may specify information relating to—
a
all accounts held by the person specified in the application for the order at the financial institution so specified,
b
a particular description, or particular descriptions, of accounts so held, or
c
a particular account, or particular accounts, so held.
4
The court may discharge or vary an account monitoring order on an application made by the procurator fiscal.
5
Section 409 of the Proceeds of Crime Act 2002 (c. 29) (jurisdiction of sheriff) has effect for the purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.
S. 41 in force at 11.6.2006 by S.S.I. 2006/281, art. 2