SCHEDULE 2STHE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applicationsS

CHAPTER 76SCAUSES IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME

[F1Restraint and administration ordersS

Textual Amendments

F1Sch. 2 Ch. 76 Pt. 1A inserted (28.3.2003) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/222), paras. 1(1), 2(2) (with para. 3)

ApplicationsS

[F276.28.] —(1) An application under the following provisions shall be by petition:–

(a)section 121(1) (application, recall and variation);

(b)section 125(1) (management administrators);

(c)section 128(2) (enforcement administrators).

(2) An application under the following provisions shall be by note in process:–

(a)section 121(5) (application, recall and variation);

(b)section 134(2) (protection of persons affected);

(c)section 140(1)(b) (confiscation order varied or discharged).

(3) An application under the following provisions shall be made by motion:–

(a)section 123(1) and (7) (inhibition of property affected by order);

(b)section 124(1) and (6) (arrestment of property affected by order);

(c)section 135(1) (recall and variation of order).

(4) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:–

(a)section 121(1);

(b)section 123(1);

(c)section 124(1).

Textual Amendments

F2Sch. 2 rules 76A.1-76A.12 renumbered as Sch. 2 rules 76.27-76.38 (6.8.2004) by Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004 (S.S.I. 2004/331), paras. 1(1), 2(20)

Documents for Accountant of CourtS

[F276.29.] —(1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.

(2) The clerk of session in the Petition department shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the court unless such part of the process is, at the time of request, required by the court.

Textual Amendments

Procedure for fixing and finding cautionS

[F276.30.] —(1) Rule 61.9 (finding caution in judicial factories) shall, with the necessary modifications, apply to the finding of caution by an administrator under this Part as it applies to the finding of caution by a judicial factor.

(2) A certified copy of the interlocutor appointing an administrator shall not be issued by a clerk of session until the Accountant of Court has given written intimation to the Petition Department that caution has been found or other security given.

Textual Amendments

Time for finding cautionS

[F276.31.]—(1) Where the time within which caution is to be found is not stipulated in the interlocutor appointing the administrator, the time allowed for finding caution shall be, subject to paragraph (2) of this rule, limited to one calendar month from the date of the interlocutor.

(2) The court may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution.

Textual Amendments

Administrator’s title to actS

[F276.32.] An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.

Textual Amendments

AccountsS

[F276.33.]—(1) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (2)–

(a)within six months after the date of his appointment; and

(b)at six monthly intervals after the first account during the subsistence of his appointment,

lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.

(2) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.

Textual Amendments

Application for discharge of administratorS

[F276.34.] An application to the court for the discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed.

Textual Amendments

Appeals against determination of outlays and remunerationS

[F276.35.]—(1) An appeal under paragraph 9(1) of Schedule 3 (appeal against a determination by the Accountant of Court), shall be made by note in the process in which the administrator was appointed.

(2) Where a note is lodged under paragraph (1), the Keeper of the Rolls shall put the cause out on the By Order Roll on the first available day for a hearing before the Lord Ordinary.]

Textual Amendments