Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Policing and Crime Act 2009) 2013

Policing and Crime Act 2009(1)

2.—(1) Part XIX of the Summary Application Rules (Proceeds of Crime Act 2002)(2) is amended in accordance with the following subparagraph.

(2) After rule 3.19.20 (appeals against determination of outlays and remuneration) insert—

“Detention and realisation of seized property

Discharge or variation of detention order

3.19.20A.   An application to the sheriff under section 127N(2) (discharge, variation and lapse of detention order) shall be made by minute in the process of the application for an order extending the period for which property may be detained under section 127J.

Appeals to the Court of Session

3.19.20B.— (1) This section shall apply to appeals against an interlocutor of the sheriff under the following sections—

(a) section 127O(1) or (2);

(b) section 131C(1), (2) or (4).

(2) An appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms—

“The applicant [or affected person] appeals to the Court of Session.”

(3) The note of appeal shall—

(a) be signed by the appellant;

(b) bear the date on which it is signed; and

(c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him or her in the appeal.

(4) The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.

(5) Within the period specified in paragraph (4), the sheriff clerk shall—

(a) send written notice of the appeal to every other party; and

(b) certify on the interlocutor sheet that he or she has done so.

(6) Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal.”.

(1)

2009 c.26.

(2)

Part XIX was inserted by S.S.I. 2002/563 and amended by S.S.I. 2003/98.