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

PART VII S [F1 RECIPROCAL ENFORCEMENT OF ORDERS IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME AND TO FORFEITURE OF PROPERTY USED IN CRIME]

Textual Amendments

F1 Sch. 2 Ch. 62 Pt. 7 heading substituted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(2)

Interpretation of this Part S

62.47.  In this Part–

F2 ...

F3 ...

“the Act of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989(1);

[F4 “the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995;]

“money order” means an order for the payment of money;

“non-money order” means an order which is not a money order[F5 ;]

[F6 “the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995;

[F7 “the Order of 1999” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999;]

“relevant enactment” means F8 ... the Act of 1989, the Act of 1995 [F9 , the Order of 1995 or the Order of 1999], as the case may be.]

Textual Amendments

F2 Words in Sch. 2 rule 62.47 omitted (5.8.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(26)(a)

F3 Words in Sch. 2 rule 62.47 omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(15)(a)

F4 Words in Sch. 2 rule 62.47 inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(26)(b)

F5 Sch. 2 rule 62.47: semi-colon substituted for full stop (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(26)(c)

F6 Words in Sch. 2 rule 62.47 inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(26)(d)

F7 Words in Sch. 2 rule 62.47 inserted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(3)(a)

F8 Words in Sch. 2 rule 62.47 omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(15)(b)

F9 Words in Sch. 2 rule 62.47 substituted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(3)(b)

Commencement Information

I1 Sch. 2 rule 62.47 in force at 5.9.1994, see para. 1(1)

Applications for registration under the [F10 relevant enactment] S

62.48.—(1) An application to which this rule applies shall be made by petition.

(2) This rule applies to an application under any of the following provisions:–

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (a)] paragraph 19(2) of Schedule 4 to the Act of 1989 (application for registration of an England and Wales order, Northern Ireland order or Islands order)[F13 ;]

[F14 [F12 (b)] section 36(1) of the Act of 1995 (application for registration of an order to which section 35 of the Act of 1995 applies);

[F12 (c)] section 41(1) of the Act of 1995 (application for registration of external confiscation order);

[F12 (d)] article 15(1) of the Order of 1995 (application for registration of external forfeiture order [F15 in relation to terrorism]);

[F12 (e)] article 16(1) of the Order of 1995 (application for registration of external restraint order).]

[F16 (f) article 5(1) of the Order of 1999 (application for registration of external forfeiture order other than in relation to terrorism).]

(3) There shall be produced with a petition under paragraph (1) a certified copy of the order which is sought to be registered.

Textual Amendments

F10 Words in Sch. 2 rule 62.48 heading substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(27)(a)

F11 Sch. 2 rule 62.48(2)(a) omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(16)(a)

F12 Sch. 2 rule 62.48(2)(b)-(f) renumbered as rule 62.48(2)(a)-(e) (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(16)(b)

F13 Sch. 2 rule 62.48(2)(b): semi-colon substituted for full stop (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(27)(b)(iii)

F14 Sch. 2 rules 62.48(2)(c)-(f) inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(27)(b)(iv)

F15 Words in Sch. 2 rule 62.48(d) inserted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(4)(a)

F16 Sch. 2 rule 62.48(f) added (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(4)(b)

Commencement Information

I2 Sch. 2 rule 62.48 in force at 5.9.1994, see para. 1(1)

Warrant for registration under the [F17 relevant enactment] S

62.49.  The court shall, on being satisfied that the application complies with the requirements of the [F18 relevant enactment], as the case may be–

(a) pronounce an interlocutor granting warrant for execution of a non-money order; or

(b) pronounce an interlocutor granting warrant for the registration of a money order.

Textual Amendments

F17 Words in Sch. 2 rule 62.49 heading substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(28)(a)

F18 Words in Sch. 2 rule 62.49 substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(28)(b)

Commencement Information

I3 Sch. 2 rule 62.49 in force at 5.9.1994, see para. 1(1)

Registration under the [F19 relevant enactment] S

62.50.—(1) Where the court pronounces an interlocutor under rule 62.49, the Deputy Principal Clerk shall enter the order in the register for the registration of orders under the [F20 relevant enactment].

(2) On presentation by the petitioner to the Keeper of the Registers of–

(a) a certified copy of the interlocutor pronounced under rule 62.49(b), and

(b) a certified copy of the order to be registered,

they shall be registered in the register of judgments of the Books of Council and Session.

(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered order with a warrant for execution.

Textual Amendments

F19 Words in Sch. 2 rule 62.50 heading substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(29)(a)

F20 Words in Sch. 2 rule 62.50 substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(29)(b)

Commencement Information

I4 Sch. 2 rule 62.50 in force at 5.9.1994, see para. 1(1)

Service of warrant for registration under the [F21 relevant enactment] S

62.51.  The petitioner shall serve a copy of the interlocutor, pronounced under rule 62.49 granting warrant for registration, and a notice in Form 62.51 on the person against whom the order may be enforced.

Textual Amendments

F21 Words in Sch. 2 rule 62.51 heading substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(30)

Commencement Information

I5 Sch. 2 rule 62.51 in force at 5.9.1994, see para. 1(1)

[F22 Further provision as respects warrant for registration S

62.51A.   Where an interlocutor granting warrant for the registration of an external confiscation order is pronounced and the order falls to be remitted for enforcement to the Sheriff of Lothian and Borders at Edinburgh, the Deputy Principal Clerk shall send a certified copy of the interlocutor, within four days after it is pronounced, to the sheriff clerk at Edinburgh.]

Textual Amendments

F22 Sch. 2 rule 62.51A inserted (1.5.1999) by Act of Sederunt (Rules of the Court of Session Amendment No. 3) (External Orders Affecting Proceeds of Crime) 1999 (S.I. 1999/1220), paras. 1(1), 2(5)

Suspension of enforcement under the Act of F23 ... [F24 1995] S

62.52.—(1) Where an order [F25 under F26 ...section 36(1) of the Act of 1995] has been registered under rule 62.50, the court may, on the application of the person against whom the order may be enforced, if satisfied that an application has been made to the court which made the order to have it set aside or quashed–

(a) suspend enforcement of the order; and

(b) sist any proceedings for enforcement of the order.

(2) Notwithstanding rule 60.2 (form of applications for suspension), an application under paragraph (1) shall be made by note in the process in the petition under rule 62.48(1).

Textual Amendments

F23 Words in Sch. 2 rule 62.52 heading omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(17)(a)

F24 Words in Sch. 2 rule 62.52 heading substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(31)(a)

F25 Words in Sch. 2 rule 62.52(1) inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(31)(b)

F26 Words in Sch. 2 rule 62.52(1) omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(17)(b)

Commencement Information

I6 Sch. 2 rule 62.52 in force at 5.9.1994, see para. 1(1)

Modification and cancellation of registration [F27 under the Act of F28 ... 1989 or 1995] S

62.53.—(1) An application to modify or cancel the registration of an order [F29 under the Act of F30 ... 1989 or 1995] registered under rule 62.50 shall be made–

(a) by the petitioner, by motion; or

(b) by any other interested party, by note.

(2) There shall be produced with the application under paragraph (1) a certified copy of any order which modifies or revokes the registered order or which causes the order to cease to have effect.

(3) The court shall, on being satisfied–

(a) that the registered order has been modified, revoked or has ceased to have effect, or

(b) that the registration of an external confiscation order should be cancelled in terms of section [F31 41(3) of the Act of 1995],

pronounce an interlocutor so modifying or cancelling the registration, as the case may be, and grant warrant for the registration of a certified copy of the interlocutor in the [F32 register of judgments of the] Books of Council and Session.

(4) Where the court pronounces an interlocutor under paragraph (3), the Deputy Principal Clerk shall modify or cancel the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.

Textual Amendments

F27 Words in Sch. 2 rule 62.53 heading inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(32)(a)

F28 Word in Sch. 2 rule 62.53 heading omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(18)(a)

F29 Words in Sch. 2 rule 62.53(1) inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(32)(b)

F30 Word in Sch. 2 rule 62.53(1) omitted (23.9.1996) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(18)(b)

F31 Words in Sch. 2 rule 62.53(3)(b) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(32)(c)(i)

F32 Words in Sch. 2 rule 62.53(3) inserted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(32)(c)(ii)

Commencement Information

I7 Sch. 2 rule 62.53 in force at 5.9.1994, see para. 1(1)

[F33 Incidental applications S

62.54.— (1) Any of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of that petition has been granted, by motion in the process of that petition:—

(a) an application under section 32(1) of the Act of 1995 for a warrant for inhibition;

(b) an application under section 33(1) of the Act of 1995 (warrant for arrestment);

(c) an application under paragraph 16(1) (warrant for inhibition), or paragraph 16A(1) (warrant for arrestment), of Schedule 4 to the Act of 1989 as applied by paragraph 19(5) of that Schedule or by article 18 of the Order of 1995, as the case may be.

(2) Either of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of the petition has been granted, by note in the process of that petition:—

(a) an application under sub-paragraph (4) of paragraph 19 of Schedule 4 to the Act of 1989 for an order in implementation of an England and Wales, Northern Ireland or Islands forfeiture order registered in the Court of Session under that paragraph;

(b) an application under article 17 of the Order of 1995 for an order in implementation of an external forfeiture order registered in the Court of Session under article 15(1) of that Order.

(3) Where the court makes an order by virtue of paragraph 19(4) of Schedule 4 to the Act of 1989 or article 17 of the Order of 1995 appointing an administrator, rules 76.24 to 76.26 (which relate to the duties of an administrator) shall apply to an administrator appointed by virtue of that paragraph or article as they apply to an order in implementation of a forfeiture order.]

Textual Amendments

F33 Sch. 2 rule 62.54 substituted (23.9.1996) by Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 1996 (S.I. 1996/2168), paras. 1(1), 2(19)

(1)

1989 c. 4.