SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applications

CHAPTER 62 RECOGNITION, REGISTRATION AND ENFORCEMENT OF FOREIGN JUDGMENTS, ETC.

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

Interpretation of this Part
62.47. In this Part–
...
...
“the Act of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989;
1989 c. 4.
“the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995;
“the Act of 2000” means the Terrorism Act 2000;
“money order” means an order for the payment of money;
“non-money order” means an order which is not a money order;
“the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995;
“the Order of 1999” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999;
“the Overseas Forfeiture Order of 2005” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 2005;
“the POCA Order of 2005” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;
“relevant enactment” means ... the Act of 1989, the Act of 1995 , the Act of 2000 the Order of 1995 , the Order of 1999, the Overseas Forfeiture Order of 2005 or the POCA Order of 2005, as the case may be.
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)
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)
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)
Words in Sch. 2 rule 62.47 inserted (22.12.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Terrorism Act 2000) 2001 (S.S.I. 2001/494), paras. 1(1), 2(a)
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)
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)
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)
Words in Sch. 2 rule 62.47 inserted (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(2)(a)(i)
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)
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)
Words in Sch. 2 rule 62.47 inserted (22.12.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Terrorism Act 2000) 2001 (S.S.I. 2001/494), paras. 1(1), 2(b)
Words in Sch. 2 rule 62.47 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(2)(a)(ii)

Applications for registration under the relevant enactment
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:–
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
(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);
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)
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)
(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);
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)
(c) section 41(1) of the Act of 1995 (application for registration of external confiscation order);
(d) article 15(1) of the Order of 1995 (application for registration of external forfeiture order in relation to terrorism);
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)
(e) article 16(1) of the Order of 1995 (application for registration of external restraint order).
(f) article 5(1) of the Order of 1999 (application for registration of external forfeiture order other than in relation to terrorism).
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)
(g) paragraph 27(3) of Schedule 4 to the Act of 2000 (application for registration of an England and Wales order, Northern Ireland order or Islands order
Sch. 2 rule 62.48(2)(g) inserted (22.12.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Terrorism Act 2000) 2001 (S.S.I. 2001/494), paras. 1(1), 3
(h) article 13(1) of the Overseas Forfeiture Order of 2005 (applications to give effect to external forfeiture orders);
Sch. 2 rule 62.48(2)(h)(i) inserted (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(2)(b)
(i) article 66(1) of the POCA Order of 2005 (applications to give effect to external orders).
(3) There shall be produced with a petition under paragraph (1) a certified copy of the order which is sought to be registered.
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)

Warrant for registration under the relevant enactment
62.49. The court shall, on being satisfied that the application complies with the requirements of the 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.
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)
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)

Registration under the relevant enactment
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 relevant enactment.
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)
(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.
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)

Service of warrant for registration under the relevant enactment
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.
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)

Further provision as respects warrant for registration
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.
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 ... 1995
62.52. (1) Where an order under ...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.
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)
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)
(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).
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)
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)

Modification and cancellation of registration under the Act of ... 1989 or 1995or 2000
62.53. (1) An application to modify or cancel the registration of an order under the Act of ... 1989 or 1995 or 2000 registered under rule 62.50 shall be made–
(a) by the petitioner, by motion; or
(b) by any other interested party, by note.
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)
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)
Words in Sch. 2 rule 62.53(1) inserted (22.12.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Terrorism Act 2000) 2001 (S.S.I. 2001/494), paras. 1(1), 4(b)
(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 41(3) of the Act of 1995,
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)
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 register of judgments of the Books of Council and Session.
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)
(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.
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)
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)
Words in Sch. 2 rule 62.53 heading inserted (22.12.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Terrorism Act 2000) 2001 (S.S.I. 2001/494), paras. 1(1), 4(a)

Incidental applications
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.
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)

Cancellation of registration or variation of property under the Overseas Forfeiture Order of 2005 or the POCA Order of 2005
62.54A. (1) An application under article 16(3) of the Overseas Forfeiture Order of 2005 (application for cancellation of registration or variation of property) or article 69(3) of the POCA Order of 2005 (application for cancellation of registration or variation of property) shall be made–
(a) by the Lord Advocate, by motion; or
(b) by any other interested party, by note.
(2) There shall be produced with an application under paragraph (1), a certified copy of any order which modifies or revokes the registered order or which causes the registered order to cease to have effect.
(3) The court shall, on pronouncing an interlocutor granting an application under paragraph (1), grant warrant for the registration of a certified copy of the interlocutor in the register of judgments of the Books of Council and Session.
(4) Where the court pronounces an interlocutor granting an application under paragraph (1), the Deputy Principal Clerk shall cancel or, as the case may be, vary the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.
Sch. 2 rules 62.54A, 62.54B inserted (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(2)(c)

Registration under the POCA Order in Council of 2005: further provision
62.54B. (1) Rule 62.2 (certificate of currency conversion) shall not apply to an application under article 66(1) of the POCA Order of 2005 (application to give effect to external orders).
(2) An application under article 72(4) (payment within a specified period) or article 72(6) (extension of specified period) of the POCA Order of 2005 shall be made by motion in the process relating to the granting of the application under article 66(1) of the POCA Order of 2005.
(3) The Deputy Principal Clerk shall send to the sheriff clerk appointed under article 69(1)(c) of the POCA Order of 2005 a certified copy of the interlocutor granting warrant for registration under rule 62.49 and of any subsequent interlocutor granting an application under–
(a) rule 62.54A(1) (application for cancellation of registration or variation of property);
(b) paragraph (3) of this rule (payment within specified period and extension of specified period);
(c) rule 76.28(1)(i) (enforcement administrators); or
(d) rule 76.28(3)(i) (recall and variation of order appointing administrator),
in respect of the registered order.
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)

Sch. 2 rule 62.47 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.48 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.49 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.50 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.51 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.52 in force at 5.9.1994, see para. 1(1)
Sch. 2 rule 62.53 in force at 5.9.1994, see para. 1(1)