Rule 3.17.4 Applications for forfeiture of detained cash or detained propertyF1F3
An application to the sheriff for an order under—
paragraph 6(1)(b) (application for forfeiture of detained cash), where the court has made an order under paragraph 3(2);
paragraph 10G(1)(b) (forfeiture), where the court has made an order under paragraph 10D(1),
must be made by minute in the process of the application for that order.
On the lodging of such an application the sheriff shall–
fix a date for a hearing; and
order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.
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
Rule 3.17.4(1) substituted (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)(c)(ii)
- F3
Words in rule 3.17.4 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)(c)(i)