Paragraph 37AA.10 Application, discharge and variationF1
The following applications shall be by petition:–
by the appropriate person to the Sheriff under any of the following provisions of the Act of 2002–
subsection (1) of section 380 (production orders);
subsection (1) of section 387 (search warrants);
subsection (1) of section 397 (customer information orders);
subsection (1) of section 404 (account monitoring orders),
in relation to a confiscation investigation or money laundering investigation; F2...
by the senior officer to the sheriff under the following provisions of the Act of 2002—
section 336A(1) (extension of moratorium period);
section 336B(4) (order to withhold specified information);
by the relevant person to the sheriff under section 339ZH(1) (F4... information orders); and
by the Lord Advocate, to the High Court of Justiciary under subsection (1) of section 391 of that Act (disclosure orders) for a disclosure order in relation to a confiscation investigation F5or a money laundering investigation.
An application under subsection (2) of section 382 of the Act of 2002 (order to grant entry)–
may be included in a petition in respect of an application under paragraph (1)(a)(i) of this rule; or
if made after the lodging of the petition, shall be by minute,
and paragraph (3) of this rule shall apply to such an application.
An application under any of the following provisions of the Act of 2002 shall be by minute and shall be intimated to any person affected by it:–
subsection (4) of section 386 (production orders: supplementary) to discharge or vary a production order or an order to grant entry;
subsection (4) of section 396 (disclosure orders: supplementary) to discharge or vary a disclosure order;
subsection (4) of section 403 (customer information orders: supplementary) to discharge or vary a customer information order;
subsection (4) of section 408 (account monitoring orders: supplementary) to discharge or vary an account monitoring order.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)
- F2
Word in Sch. 2 rule 37AA.10(1)(a) omitted (21.12.2017) by virtue of Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 5) (Proceeds of Crime etc.) 2017 (S.S.I. 2017/429), paras. 1(2), 2(2)(b)(i)
- F3
Sch. 2 rule 37AA.10(1)(aa)(ba) inserted (21.12.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 5) (Proceeds of Crime etc.) 2017 (S.S.I. 2017/429), paras. 1(2), 2(2)(b)(ii)
- F4
Word in Sch. 2 rule 37AA.10(1)(ba) omitted (26.3.2025) by virtue of Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/47), paras. 1(2), 2(2)(c)
- F5
Words in Sch. 2 rule 37AA.10(1)(b) inserted (31.1.2018) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2018 (S.S.I. 2018/12), paras. 1(3), 2(2)(b)