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Rule 36.9A Time period for consideration of overseas freezing orderF1F2

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

(1)

This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section 21(2) of the Act of 2003 (considering the overseas freezing order).

(2)

Subject to paragraph (3), the sheriff shall consider the order no later than the day after receipt of the order.

(3)

The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph (2) but shall do so no later than 5 days after receipt of the order.

(4)

Where the day mentioned in paragraph (2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(5)

In calculating the period mentioned in paragraph (3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded.

Annotations

Textual amendments

F1

Sch. 2 Ch. 36 substituted (26.4.2004) by Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2004 (S.S.I. 2004/195), paras. 1(1), 2(4)

F2

Sch. 2 rules 36.9A-36.9C inserted (27.10.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009 (S.S.I. 2009/345), paras. 1(1), 2(1)

Notes on Chapter 36

Textual amendments

F2

Word in Sch. 2 Ch. 36 heading substituted (1.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024 (S.S.I. 2024/159), paras. 1(2), 2(4)(a)