Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 No. 929 (S. 65)

CHAPTER 3 RULES ON APPLICATIONS UNDER SPECIFIC STATUES

PART IX PROCEEDS OF CRIME (SCOTLAND) ACT 1995

Recall or variation of restraint orders

3.9.3—(1) An application to the sheriff under any of the following provisions of the Act shall be made by note in the process containing the interlocutor making the restraint order to which the application relates–

(a) section 29(4) or (5) (recall of restraint orders in relation to realisable property);

(b) section 30(3) or (4) (recall of restraint orders in relation to forfeitable property);

(c) section 31(1) (variation or recall of restraint order).

(2) In respect of an application by note under paragraph (1)(c) by a person having an interest for an order for variation or recall under section 31(1)(b) of the Act–

(a) the note shall be lodged in process within 21 days after service of the restraint order on that person or within such other period as the sheriff thinks fit; and

(b) the period of notice for lodging answers to the note shall be 14 days or such other period as the sheriff thinks fit.