Act of Sederunt (Rules of the Court of Session 1994) 1994

[F1Civil recovery proceedingsS

Textual Amendments

ApplicationsS

[F276.36.]—(1) An application under section 244(1) (proceedings for recovery orders in Scotland) shall be by petition.

(2) An application under [F3section 255A(1) (application for prohibitory property order) or] section 256(1) (application for interim administration order) shall be made–

(a)if the application is made before the enforcement authority has commenced proceedings for a recovery order, by petition; or

(b)if it is made after the enforcement authority has commenced such proceedings, by note in process.

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

(a)section 260(1) (supervision of interim administrator);

(b)section 283(1) (compensation).

[F4(4) An application under the following provisions shall be by motion:–

(a)section 255B(1) or section 260(3) (variation or recall of order);

(b)section 255E(1) and (6) (arrestment of property affected by prohibitory property order);

(c)section 255F(1) and (6) (inhibition of property affected by prohibitory property order);

(d)section 258(1) and (7) (inhibition of property affected by interim administration order); and

(e)section 265(1) and (7) (arrestment of property affected by interim administration order).]

[F4(5) 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 255E(1) and (6);

(b)section 255F(1) and (6);

(c)section 258(1) and (7); and

(d)section 265 (1) and (7).]]

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)