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

[F1 Civil recovery proceedings S

Textual Amendments

F1 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)

[F2 Applications S

76.36.— (1) An application for a recovery order under section 244(1) of the Act of 2002 (proceedings for recovery orders in Scotland) or article 144(1) of the POCA Order of 2005 (proceedings for a recovery order pursuant to the registration of an external order) shall be made by petition.

(2) There shall be produced with a petition in respect of an application under article 144 of the POCA Order of 2005 a copy of the external order which is sought to be registered.

(3) Where the court grants an application under article 144 of the POCA Order of 2005 the Deputy Principal Clerk shall enter the external order in the register of orders under the POCA Order of 2005.

(4) An application for a prohibitory property order under section 255A(1) of the Act of 2002 or article 161(1) of the POCA Order of 2005 or for an interim administration order under section 256(1) of the Act of 2002 or article 67(1) of the POCA Order of 2005 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.

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

(a) section 260(1) of the Act of 2002 (supervision of interim administrator);

(b) section 283(1) of the Act of 2002 (compensation);

(c) article 171(1) of the POCA Order of 2005 (supervision of interim administrator); and

(d) article 194(1) of the POCA Order of 2005 (compensation).

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

(a) section 255E(1) and (6) of the Act of 2002 (arrestment of property affected by prohibitory property order);

(b) section 255F(1) and (6) of the Act of 2002 (inhibition of property affected by prohibitory property order);

(c) section 258(1) and (7) of the Act of 2002 (inhibition of property affected by interim administration order);

(d) section 265(1) and (7) of the Act of 2002 (arrestment of property affected by interim administration order);

(e) article 165(1) and (6) of the POCA Order of 2005 (arrestment of property affected by prohibitory property order);

(f) article 166(1) and (6) of the POCA Order of 2005 (inhibition of property affected by prohibitory property order);

(g) article 169(1) and (7) of the POCA Order of 2005 (inhibition of property affected by interim administration order); and

(h) article 176(1) and (7) of the POCA Order of 2005 (arrestment of property affected by interim administration order).

(7) An application under the following provisions shall be made by motion by any party having an interest:–

(a) sections 255B(1) and 260(3) of the Act of 2002 (variation and recall of order);

(b) articles 162(1) and 171(3) of the POCA Order of 2005 (variation and recall of order).

(8) At the hearing of a motion under paragraph (7) the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as the court thinks fit.

(9) 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) of the Act of 2002;

(b) section 255F(1) and (6) of the Act of 2002;

(c) section 258(1) and (7) of the Act of 2002;

(d) section 265 (1) and (7) of the Act of 2002;

(e) article 165(1) and (6) of the POCA Order of 2005;

(f) article 166(1) and (6) of the POCA Order of 2005;

(g) article 169(1) and (7) of the POCA Order of 2005; and

(h) article 176(1) and (7) of the POCA Order of 2005.]]

Textual Amendments

F1 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)

F2 Sch. 2 rule 76.36 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(6)