SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994
Other proceedings in relation to statutory applications
CHAPTER 76CAUSES IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME
Civil recovery investigations
Disclosure orders
F176.37.
F2(1)
An application under section 391(1) of the Act of 2002 or article 50 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (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.
F3(3)
An application under section 396(4) of the Act of 2002 or article 55(2) of the Proceeds of Crime Act 2002 F4(External Investigations) Order 2013 (supplementary) shall be by motion.
F5(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.
F6Evidence overseas
76.37A.
An application under section 282D(4) of the Act of F72002 (evidence overseas: interim receiver or interim administrator) shall be made by note in process.