OpenLegislation

Paragraph 43.3 Recall, discharge and variation of ordersF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application under the following provisions is to be made by petition—

(a)

paragraph 24(3) of Schedule 5A of the 2000 Act (discharge or variation of disclosure orders);

(b)

paragraph 4(1) of Schedule 6A of the 2000 Act (discharge or variation of account monitoring orders);

(c)

paragraph 14(1) of Schedule 3 of the 2023 Act (discharge or variation of disclosure orders);

(d)

paragraph 4(1) of Schedule 4 of the 2023 Act (discharge or variation of customer information orders);

(e)

paragraph 3(1) of Schedule 5 of the 2023 Act (discharge or variation of account monitoring orders).

(2)

The relevant court may make an order sought in an application under—

(a)

paragraph 24(3)(a) of Schedule 5A of the 2000 Act (discharge or variation of disclosure orders);

(b)

paragraph 4(1)(a) of Schedule 6A of the 2000 Act (discharge or variation of account monitoring orders);

(c)

paragraph 14(1)(a) of Schedule 3 of the 2023 Act (discharge or variation of disclosure orders);

(d)

paragraph 4(1)(a) of Schedule 4 of the 2023 Act (discharge or variation of customer information orders);

(e)

paragraph 3(1)(a) of Schedule 5 of the 2023 Act (discharge or variation of account monitoring orders),

before intimation of the application to the person who is subject to the order or appears to that court to be affected by the order.

(3)

Paragraphs (4) to (6) apply to an application to recall or vary an order made under—

(a)

paragraph 22 of Schedule 5 of the 2000 Act (production orders);

(b)

paragraph 30 of Schedule 5 of the 2000 Act (explanation orders);

(c)

paragraphs 19 and 20 of Schedule 2 of the 2023 Act (production orders);

(d)

paragraph 26 of Schedule 2 of the 2023 Act (explanation orders).

(4)

An application to recall or vary an order mentioned in paragraph (3)—

(a)

is to be made by petition; and

(b)

may be made by—

(i)

a person subject to an order;

(ii)

the procurator fiscal.

(5)

Subject to paragraph (6), the sheriff must, within 48 hours of an application being lodged, appoint a hearing and order intimation of the application and hearing to—

(a)

the procurator fiscal, where the application is made by a person subject to the order;

(b)

the person subject to the order, where the application is made by the procurator fiscal.

(6)

Where the sheriff directs on grounds of urgency, the sheriff may dispense with intimation under paragraph (5)(b).

Annotations

Textual amendments

F1

Sch. 2 Ch. 43 substituted (26.3.2025) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/47), paras. 1(2), 2(3)