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Rule 3.19.9 Applications in relation to arrestmentF1

(1)

An application to the sheriff under section 124(1) (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made–

(a)

in the application made under section 121(2) (application for restraint order); or

(b)

if made after a restraint order has been applied for, by minute in the process of the application for that order.

(2)

An application to the sheriff under section 124(3) (recalling, loosing or restricting arrestment) or under section 124(6) (recall or restriction of arrestment) shall be made by minute in the process of the application for the restraint order.

Annotations

Textual amendments

F1

Rules 3.19.6 –3.19.20 and cross-heading inserted (24.3.2003) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 6) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/98), paras. 1(1)(b)(i), 2(2)(b)

Notes on Chapter PART XIX

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)