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Rule 3.47.2 Serious Crime Prevention OrdersF1

(1)

An application by the Lord Advocate under section 8(aa) of the 2007 Act (limited class of applicants for making of orders) is to be made by summary application.

(2)

When a summary application is lodged, the court must—

(a)

fix a date for a hearing;

(b)

order intimation of the application within 7 days to the person who is the proposed subject of the order; and

(c)

order answers to be lodged within a period not exceeding 21 days.

(3)

The application is to identify any person (other than the person who is the proposed subject of the order) in respect of whom the order sought may be likely to have a significant adverse effect or (as the case may be) state that there is no such person.

(4)

A serious crime prevention order made under section 1 of the 2007 Act is to be made in Form 71.

(5)

If the subject is not personally present or represented at the hearing at which the order is made, the applicant must serve a copy of the order on the subject.

Annotations

Textual amendments

F1

Ch. 3 Pt. 47 inserted (12.12.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Serious Crime Prevention Orders etc.) 2016 (S.S.I. 2016/319), paras. 1(2), 3(3)