Section 255I Supervision of PPO receiver and variationsF1

(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 PPO receiver—

(a)

the PPO receiver,

(b)

any party to the proceedings for the appointment of the PPO receiver or the prohibitory property order concerned,

(c)

any person affected by any action taken by the PPO receiver,

(d)

any person who may be affected by any action proposed to be taken by the PPO receiver.

(2)

Before giving any directions under subsection (1), the court must give an opportunity to be heard to—

(a)

the PPO receiver,

(b)

the parties to the proceedings for the appointment of the PPO receiver and for the prohibitory property order concerned,

(c)

any person who may be interested in the application under subsection (1).

(3)

The court may at any time vary or recall—

(a)

an order appointing a PPO receiver,

(b)

any order under section 255H, or

(c)

any directions under this section.

(4)

Before exercising any power under subsection (3), the court must give an opportunity to be heard to—

(a)

the PPO receiver,

(b)

the parties to the proceedings for—

(i)

the appointment of the PPO receiver,

(ii)

the order under section 255H, or

(iii)

(as the case may be) the directions under this section,

(c)

the parties to the proceedings for the prohibitory property order concerned,

(d)

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

Annotations

Textual amendments

F1: Ss. 255G-255I inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 23(2), 88(1); S.I. 2016/148, reg. 3(b)

Notes on Chapter 2

Modifications

C1: Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

Notes on Prohibitory property orders (Scotland)

Textual amendments

F1: Ss. 255A-255F and cross-heading inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 98(2), 178(7)(a); S.I. 2005/3136, art. 2(a)