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Paragraph 60.4 Variation of ordersF1F4

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

(F21)

An application for the variation of—

(a)

a publicity order under section 30(8) of the Act of 2016;

(b)

a remedial order; or

(c)

a remediation order;

shall be made by petition in Form 60.4.

(2)

On a petition referred to in paragraph (1) being lodged, the court shall—

(a)

order intimation of the application to be made to the prosecutor F3and, in the case of an application under section 41(5) of the Act of 2014, to SEPA;

(b)

appoint a hearing on the application; and

(c)

order intimation of the hearing to the persons referred to in subparagraph (a), the petitioner or the petitioner’s agent, and to the governor of any institution in which the petitioner is detained.

Annotations

Textual amendments

F1

Sch. 2 Ch. 60 inserted (30.6.2014) by Act of Adjournal (Criminal Procedure Rules Amendment) (Regulatory Reform (Scotland) Act 2014) 2014 (S.S.I. 2014/162), paras. 1(2), 2(2)

F2

Sch. 2 rule 60.4(1) substituted (1.10.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017 (S.S.I. 2017/298), paras. 1(2), 2(2)(d)(ii)

F3

Words in Sch. 2 rule 60.4(2)(a) substituted (1.10.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017 (S.S.I. 2017/298), paras. 1(2), 2(2)(e)

F4

Sch. 2 rule 60.4 heading substituted (1.10.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017 (S.S.I. 2017/298), paras. 1(2), 2(2)(d)(i)

Notes on Chapter 60

Textual amendments

F2

Sch. 2 Ch. 60 heading substituted (1.10.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Publicity, Remedial and Remediation Orders) 2017 (S.S.I. 2017/298), paras. 1(2), 2(2)(a)