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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 98
SHERIFF COURT
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 6) (Proceeds of Crime Act 2002) 2003

	Made	20th February 2003
	Coming into force in accordance with paragraph 1(1)(b)

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1] and sections 155(1)(b) and (c), 386(3)(b), 396(3)(b) and 403(3)(b) of the Proceeds of Crime Act 2002[2] and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Citation, commencement and interpretation
1. - (1) This Act of Sederunt-

(c) shall be inserted in the Books of Sederunt.

    (2) In this Act of Sederunt "the principal Rules" means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999[3].

Amendment of the principal Rules
     2. - (1) In the principal Rules, Chapter 3 (rules on applications under specific statutes) is amended in accordance with the following paragraphs.

    (2) In Part XIX (Proceeds of Crime Act 2002)-

(a) for rule 3.19.1 substitute[

4

3.19.1

"the Act" means the Proceeds of Crime Act 2002;

references to an administrator are to an administrator appointed under section 125(1) or 128(3);

a reference to a specified section is a reference to the section bearing that number in the Act; and any reference to a specified paragraph in a specified Schedule is a reference to the paragraph bearing that number in the Schedule of that number in the Act.

(2) This Part applies to applications to the sheriff under Parts 3, 5 and 8 of the Act; but it only applies to applications under Part 8 in relation to property that is the subject of a civil recovery investigation."; and

" Restraint and administration orders

Service of restraint orders
     3.19.6 The intimation to be made by the prosecutor under section 121(3) shall be made by serving a copy of the interlocutor granting a restraint order on every person named in the interlocutor as restrained by the order.

Recall or variation of restraint orders
     3.19.7 An application to the sheriff under section 121(5) (variation or recall of restraint order) shall be made by minute in the process of the application for the restraint order.

Appeals to the Court of Session
     3.19.8 - (1) An appeal against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order shall be marked within 14 days after the date of the interlocutor concerned.

    (2) Such an appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:-