PART 4Enforcement in Scotland of English or Welsh Orders and Northern Ireland Orders

English or Welsh Account Monitoring Orders

27.—(1) This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Scotland.

(2) The account monitoring order may be served—

(a)by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b)by an English or Welsh appropriate officer or a constable of the Police Service of Scotland serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 120C) and any other requirements in law as to the service of documents do not apply.

(3) Paragraph 2(4) of Schedule 6A (account monitoring orders) has effect with the modification that for “an appropriate officer” there is substituted “whichever of an English or Welsh appropriate officer, a constable of the Police Service of Scotland or an English or Welsh appropriate officer and a constable of the Police Service of Scotland acting together the order specifies”.

(4) The sheriff is to be regarded, for the purpose of enforcing the account monitoring order, as having made the order and proceedings for or with respect to any failure to comply with the order may be taken by the sheriff accordingly.

(5) Paragraph 7 of Schedule 6A (statements) applies to criminal proceedings brought in England and Wales as well as criminal proceedings brought in Scotland.

(6) Paragraph 6(2) of Schedule 6A (effect of orders) has effect as if the order were a Scottish account monitoring order.