Article 63 Account monitoring ordersI1
Scotland
The sheriff may, on an application made to the sheriff by the Scottish Ministers, make an account monitoring order if the sheriff is satisfied that each of the requirements for the making of the order is fulfilled.
In making an account monitoring order the sheriff shall act in exercise of the sheriff’s civil jurisdiction.
The application for an account monitoring order must state that—
a person specified in the application is subject to an external investigation; and
the condition in article 37(2) is met in respect of the person.
The application must also state that the order is sought—
for the purposes of the external investigation,
against the financial institution specified in the application in relation to account information of the description so specified.
Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).
The application for an account monitoring order may specify information relating to—
all accounts held by the person specified in the application for the order at the financial institution so specified,
a particular description, or particular descriptions, of accounts so held, or
a particular account, or particular accounts, so held.
An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to the proper person in the manner, and at or by the time or times, stated in the order.
The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.
Annotations
Textual amendments
- F1
Art. 63(3) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 24