Statutory Instruments of the Scottish Parliament

"the Act of 2002" means the Proceeds of Crime Act 2002;

references to an administrator are to an administrator appointed under section 125(1) or 128(3);

a reference to a specified section is a reference to the section bearing that number in the Act of 2002; and any reference to a specified paragraph in a specified Schedule is a reference to the paragraph bearing that number in the Schedule of that number in the Act of 2002.

    (2) This Part applies to applications under Parts 3, 5 and 8 of the Act of 2002; but it only applies to applications under Part 8 in relation to property that is the subject of a civil recovery investigation.

(a) section 121(1) (application, recall and variation);

(b) section 125(1) (management administrators);

(c) section 128(2) (enforcement administrators).

    (2) An application under the following provisions shall be by note in process:-

(a) section 121(5) (application, recall and variation);

(b) section 134(2) (protection of persons affected);

(c) section 140(1)(b) (confiscation order varied or discharged).

    (3) An application under the following provisions shall be made by motion:-

(a) section 123(1) and (7) (inhibition of property affected by order);

(b) section 124(1) and (6) (arrestment of property affected by order);

(c) section 135(1) (recall and variation of order).

    (4) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:-

(a) section 121(1);

(b) section 123(1);

(c) section 124(1).

(a) if the application is made before the enforcement authority has commenced proceedings for a recovery order, by petition; or

(b) if it is made after the enforcement authority has commenced such proceedings, by note in process.

    (3) An application under the following provisions shall be by note in process:-

(a) section 260(1) (supervision of interim administrator);

(b) section 283(1) (compensation).

    (4) An application under the following provisions shall be by motion:-

(a) section 258(1) and (7) (inhibition of property affected by order);

(b) section 260(3) (variation or recall of order);

(c) section 265(1) and (7) (arrestment of property affected by interim administration order).

    (5) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:-

(a) section 258(1);

(b) section 265(1).

Civil recovery investigations