Rule 3.1.12 Right of haver to consultF1
The haver may seek legal or other professional advice of his or her choice.
Where the purpose of seeking this advice is to help the haver to decide whether to ask the sheriff to vary or recall the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.
Where the haver is seeking advice under this rule, he or she must—
inform the Commissioner and the applicant’s agent of that fact;
not disturb or remove any listed items;
permit the Commissioner to enter the premises, but not to start the search.
Annotations
Textual amendments
- F1
Rule 3.1.12 substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 6(3) (with para. 10)