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

[F1Civil recovery investigationsS

Textual Amendments

Disclosure ordersS

[F276.37.]—(1) An application under section 391(1) [F3of the Act of 2002] (disclosure orders) shall be by petition.

(2) Before the court grants an application referred to in paragraph (1), the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit.

(3) An application under section 396(4) of that Act (supplementary) shall by motion.

[F4(4) Rule 4.11 (documents not to be borrowed) shall not apply to an application under section 391 of the Act of 2002.

(5) When an application is made under section 391 of the Act of 2002—

(a)the process shall be marked “Restricted Access”;

(b)only the petitioner may borrow or inspect documents lodged in process.

(6) The restrictions referred to in paragraph (5) shall apply for a period of 5 years from the date of the application.

(7) The petitioner may apply to the court by motion for extension of that 5 year period.

(8) Any person affected by a disclosure order may apply to the court by motion to have the restrictions mentioned in paragraph (5) varied.

(9) A motion under paragraph (7) or (8) shall be granted only on cause shown.]]

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)