SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applications

CHAPTER 76 CAUSES IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME

Restraint and administration orders

Documents for Accountant of Court
76.29. (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.
Sch. 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)

Procedure for fixing and finding caution
76.30. (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.

Time for finding caution
76.31. (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.

Administrator’s title to act
76.32. An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.

Accounts
76.33. (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.

Application for discharge of administrator
76.34. 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.

Appeals against determination of outlays and remuneration
76.35. (1) An appeal under–
(a) paragraph 9(1) of Schedule 3 to the Act of 2002 (appeal against a determination by the Accountant of Court);
(b) paragraph 9(1) of Schedule 1 to the Overseas Forfeiture Order of 2005 (appeal against a determination by the Accountant of Court); or
(c) paragraph 9(1) of Schedule 1 to the POCA Order of 2005 (appeal against a determination by the Accountant of Court),
shall be made by note in the process in which the administrator was appointed.
Sch. 2 rule 76.35(1) substituted (31.12.2005) by Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Proceeds of Crime: External Requests and Orders etc.) 2005 (S.S.I. 2005/663), paras. 1(1), 2(5)
(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.
Sch. 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)