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Rule 20.9C Application by a third party claiming to own vehicleF1

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

(1)

An application to a sheriff under section 226D(7)(b)(ii) of the Act of 1995 by a third party who claims to own the vehicle shall be in Form 20.9C.

(2)

The court may fix a diet for hearing an application mentioned in paragraph (1).

(3)

Where the court fixes a diet under paragraph (2) the clerk of court shall intimate–

(a)

the application and the diet to–

(i)

the offender subject to the enforcement order in terms of which the vehicle seizure order was made;

(ii)

any other person from whose possession the vehicle was taken;

(iii)

the relevant fines enforcement officer; and

(b)

the diet to the applicant.

Annotations

Textual amendments

F1

Sch. 2 rules 20.9A-20.9D inserted (10.3.2008) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2008 (S.S.I. 2008/61), paras. 1(1), 5(1)

Notes on Chapter 20

Modifications

C1

Sch. 2 Ch. 20 continued (1.2.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010 (S.S.I. 2010/418), paras. 1(3), 2(8)