(1)Where the enforcement authority may take proceedings for a recovery order in the Court of Session, the authority may apply to the court for an interim administration order (whether before or after starting the proceedings).
(2)An interim administration order is an order for—
(a)the detention, custody or preservation of property, and
(b)the appointment of an interim administrator.
(3)An application for an interim administration order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4)The court may make an interim administration order on the application if it is satisfied that the conditions in subsections (5) and, where applicable, (6) are met.
(5)The first condition is that there is a probabilis causa litigandi—
(a)that the property to which the application for the order relates is or includes recoverable property, and
(b)that, if any of it is not recoverable property, it is associated property.
(6)The second condition is that, if—
(a)the property to which the application for the order relates includes property alleged to be associated property, and
(b)the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
(7)In its application for an interim administration order, the enforcement authority must nominate a suitably qualified person for appointment as interim administrator, but the nominee may not be a member of the staff of the Scottish Administration.
(8)The extent of the power to make an interim administration order is not limited by sections 257 to 264.
Commencement Information
I1S. 256 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)