Paragraph 13

Scotland

(1)

Provision may be made by Act of Adjournal as to—

(a)

the discharge and variation of orders under paragraph 12 above; and

(b)

proceedings relating to such orders.

(2)

The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1) above—

(a)

an order under paragraph 12 above may be discharged or varied by a sheriff on a written application made to him by any person subject to the order;

(b)

unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order to be discharged or varied was made.

(3)

Where the material to which an application under paragraph 12 above relates consists of information contained in a computer—

(a)

an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b)

an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible;

(4)

Subject to paragraph 17(1)(b) below, an order under paragraph 12 above shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

(5)

An order may be made under paragraph 12 above in relation to material in the possession F1, custody or power of a government department which is an authorised government department for the purposes of the M1Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being F2have in his possession , custody or power the material concerned to comply with such order.