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Rule 3.17.2 Applications for extended detention of cash or seized propertyF1F6

(1)

An application to the sheriff for an order under paragraph 3(2) (extended detention of seized cash) F2or paragraph 10D(1) (further detention of seized property) shall be made by summary application.

(2)

An application for any further order for the detention of cash under paragraph 3(2) F3or seized property under paragraph 10D(1) shall be made by minute in the original process and shall be proceeded with in accordance with sub-paragraph (3) below.

(3)

On the lodging of an application for any further order the sheriff shall–

(a)

fix a date for determination of the application; and

(b)

F4except where paragraph (4) below applies, order service of the application together with notice of such date for determination on any persons whom he considers may be affected.

(F54)

This paragraph applies where the sheriff determines under paragraph 3(3A) or 10D(4) that the application is to be made and heard without notice.

Annotations

Textual amendments

F1

Ch. 3 Pt. 17 inserted (8.3.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Detention and Forfeiture of Terrorist Cash) 2002 (S.S.I. 2002/129), paras. 1(1), 2(2)

F2

Words in rule 3.17.2(1) inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(a)(ii)

F3

Words in rule 3.17.2(2) inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(a)(iii)

F4

Words in rule 3.17.2(3)(b) inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(a)(iv)

F5

Rule 3.17.2(4) inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(a)(v)

F6

Words in rule 3.17.2 heading inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(a)(i)