Section 41 Making, varying or discharging account monitoring ordersI1

(1)

A sheriff may make an account monitoring order, on an application made to him in pursuance of a direction under section 40(3), if he is satisfied that—

(a)

there is an investigation in the country in question into criminal conduct, and

(b)

the order is sought for the purposes of the investigation.

(2)

The application may be made ex parte to a sheriff in chambers.

(3)

The application may specify information relating to—

(a)

all accounts held by the person specified in the application for the order at the financial institution so specified,

(b)

a particular description, or particular descriptions, of accounts so held, or

(c)

a particular account, or particular accounts, so held.

(4)

The court may discharge or vary an account monitoring order on an application made by the procurator fiscal.

(5)

Section 409 of the Proceeds of Crime Act 2002 (c. 29) (jurisdiction of sheriff) has effect for the purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.

Annotations

Commencement

I1: S. 41 in force at 11.6.2006 by S.S.I. 2006/281, art. 2