Article 69 Registration of external ordersI1
United Kingdom
Where the court decides to give effect to an external order, it must—
register the order;
provide for notice of the registration to be given to any person affected by it; and
appoint a sheriff clerk for the purposes of the receipt of payment under articles 72(2) F1, 77(6) and 86D(2) .
Only an external order registered by the court may be implemented under this Chapter.
The court may cancel the registration of the external order, or vary the property to which it applies, on an application by the Lord Advocate or any person affected by it if, or to the extent that, the court is of the opinion that any of the conditions in article 68 is not satisfied.
Notice of an application under paragraph (3) must be given—
in the case of an application by the Lord Advocate, to any person affected by the registration of the external order; and
in any other case, to the Lord Advocate and any other person affected by the registration of the external order.
The court shall not cancel the registration of the external order or vary the property to which it applies under paragraph (3) unless it gives the Lord Advocate and any person affected by it the opportunity to make representations to it.
The court must cancel the registration of the external order on an application by the Lord Advocate or any person affected by it, if it appears to the court that the order has been satisfied—
in the case of an order for the recovery of a sum of money specified in it, by payment of the amount due under it, or
in the case of an order for the recovery of specified property, by the surrender of the property, or
by any other means.
Where the registration of an external order is cancelled or varied under paragraph (3) or (6), the court must provide for notice of this to be given to the Lord Advocate and any person affected by it.
Annotations
Textual amendments
- F1
Words in art. 69(1)(c) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 26