Crime (International Co-operation) Act 2003

38 Making, varying or discharging customer information orders

(1) A sheriff may make a customer information order, on an application made to him pursuant to a direction under section 37(3), if he is satisfied that—

(a) the person specified in the application is subject to an investigation in the country in question,

(b) the investigation concerns conduct which is serious criminal conduct,

(c) the conduct constitutes an offence in Scotland, or would do were it to occur in Scotland, and

(d) the order is sought for the purposes of the investigation.

(2) The application may be made ex parte to a sheriff in chambers.

(3) The application may specify—

(a) all financial institutions,

(b) a particular description, or particular descriptions, of financial institutions, or

(c) a particular financial institution or particular financial institutions.

(4) The court may discharge or vary a customer information order on an application made by the procurator fiscal.

(5) Section 409 of the Proceeds of Crime Act 2002 (jurisdiction of sheriff) has effect for the purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.