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Rule 3.19.4 Applications for forfeiture of detained cash or detained propertyF1F5

(F21)

An application to the sheriff under—

(a)

section 298(1)(b) (application by the Scottish Ministers for forfeiture of detained cash), where the court has made an order under section 295(2);

(b)

section 303O(1)(b), where the court has made an order under section 303L(1)(b),

must be made by minute in the process of the application for that order.

(F31A)

In an application to the sheriff under article 213L(1) of the 2005 Order, a certified copy of the external order to be registered must be produced with the application.

(2)

On the lodging of such an application the sheriff shall–

(a)

fix a date for a hearing; and

(b)

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.

(F43)

Where the sheriff grants an application under article 213L(1) of the 2005 Order, the sheriff clerk must register the certified copy of the external order.

Annotations

Textual amendments

F1

Ch. 3 Pt. 19 inserted (30.12.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 5) (Proceeds of Crime Act 2002) 2002 (S.S.I. 2002/563), paras. 1(b), 2(2)

F2

Rule 3.19.4(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(3)(e)(ii)

F3

Rule 3.19.4(1A) inserted (28.12.2019) 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) (No. 2) 2019 (S.S.I. 2019/405), paras. 1(2), 3(4)(a)

F4

Rule 3.19.4(3) inserted (28.12.2019) 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) (No. 2) 2019 (S.S.I. 2019/405), paras. 1(2), 3(4)(b)

F5

Words in rule 3.19.4 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(3)(e)(i)

Notes on Recovery of cash or further detention of seized property in summary proceedings

Textual amendments

F2

Words in rule 3.19.2 cross-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(3)(c)(i)