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

PART VII RECIPROCAL ENFORCEMENT OF ORDERS IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME

Interpretation of this Part

62.47.  In this Part–

“the Act of 1987” means the Criminal Justice (Scotland) Act 1987(1);

“the Act of 1988” means the Criminal Justice Act 1988(2);

“the Act of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989(3);

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

“non-money order” means an order which is not a money order.

Applications for registration under the Act of 1987, 1988 or 1989

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) section 28(1) of the Act of 1987 (application for registration of an order to which section 27 of the Act applies);

(b) section 30A(1) of the Act of 1987(4) (application for registration of an external confiscation order);

(c) section 91(1) of the Act of 1988 (application for registration of an order to which section 90 of that Act applies);

(d) 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).

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

Warrant for registration under the Act of 1987, 1988 or 1989

62.49.  The court shall, on being satisfied that the application complies with the requirements of the Act of 1987, the Act of 1988 or the Act of 1989, 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.

Registration under the Act of 1987, 1988 or 1989

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 Act of 1987, the Act of 1988 or the Act of 1989.

(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.

Service of warrant for registration under the Act of 1987, 1988 or 1989

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.

Suspension of enforcement under the Act of 1987, 1988 or 1989

62.52.—(1) Where an order 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).

Modification and cancellation of registration

62.53.—(1) An application to modify or cancel the registration of an order 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 30A(3) of the Act of 1987,

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 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.

Applications for inhibition or arrestment

62.54.  An application under section 11(1) of the Act of 1987 as applied by subsection (6) of that section, section 92(1) of the Act of 1988 or paragraph 16(1) of Schedule 4 to the Act of 1989 for warrant for inhibition or arrestment shall be made–

(a) where the prayer of the petition has previously been granted, by motion in the process of the petition under rule 62.48(1); or

(b) in the prayer of that petition.

(1)

1987 c. 41.

(2)

1988 c. 33.

(3)

1989 c. 4.

(4)

Section 30A of the Act of 1987 was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 63.