Paragraph 14

Scotland

(1)

A restraint order—

(a)

may be made only on an application by the Lord Advocate;

(b)

may be made on an ex parte application which shall be heard in chambers; and

(c)

shall provide for notice to be given to persons affected by the order.

(2)

On an application made by any person affected by a restraint order, the order—

(a)

may be recalled or varied in relation to any property; and

(b)

shall be recalled when proceedings for the offence are concluded.

(3)

Where proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the court for recall of the order and the court shall grant the application.

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Schedule 4

Modifications

C1: Sch. 4 applied (with modifications) by 1998 c. 40, s. 4(7)