Rule 3.19.5A Associated and joint property: transfer to Court of SessionF1F2
This rule applies where the sheriff makes a transfer to the Court of Session under section 303R F3or article 213O(1) of the 2005 Order (associated and joint property: default of agreement) of an application for an order under section 303O(1)(b) F4or article 213L(1) of the 2005 Order (forfeiture) respectively.
No later than 4 days after the sheriff has pronounced an interlocutor transferring the application to the Court of Session under section 303R or article 213O(1) of the 2005 Order the sheriff clerk must—
send written notice of the transfer to the parties;
certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and
transmit the process to the Deputy Principal Clerk of Session.
Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer.
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 3.19.5A 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)(h)
- F3
Words in rule 3.19.5A 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(7)(a)
- F4
Words in rule 3.19.5A(1) 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(7)(b)
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)