Article 46Q Supervision of article 46O receiver and variationsF1

Scotland

(1)

Any of the following persons may at any time apply to the Court of Session for directions as to the exercise of the functions of a receiver appointed under article 46O (receivers in connection with interim freezing orders)—

(a)

the receiver;

(b)

a party to the proceedings for the appointment of the receiver or the interim freezing order concerned;

(c)

a person affected by an action taken by the receiver;

(d)

a person who may be affected by an action proposed to be taken by the receiver.

(2)

Before it gives directions under paragraph (1) the court must give an opportunity to be heard to—

(a)

the receiver;

(b)

the parties to the proceedings for the appointment of the receiver and for the interim freezing order concerned;

(c)

a person who may be interested in the application under paragraph (1).

(3)

The court may at any time vary or discharge—

(a)

the appointment of a receiver under article 46O,

(b)

an order under article 46P (powers of receivers appointed under article 46O), or

(c)

directions under this article.

(4)

Before exercising a power under paragraph (3) the court must give an opportunity to be heard to—

(a)

the receiver;

(b)

the parties to the proceedings for the appointment of the receiver, for the order under article 46O or (as the case may be) for the directions under this article;

(c)

the parties to the proceedings for the interim freezing order concerned;

(d)

any person who may be affected by the court’s decision.

Annotations

Textual amendments

F1: Arts. 46I-46R inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 14