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The Proceeds of Crime Act 2002 (External Investigations) Order 2013

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Production OrdersS

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40.—(1) The sheriff may, on an application made to the sheriff by the Scottish Ministers, make a production order if the sheriff is satisfied that each of the requirements for the making of the order is fulfilled.

(2) In making a production order the sheriff shall act in exercise of the sheriff’s civil jurisdiction.

[F1(3) The application for a production order must state that—

(a)a person specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the person; or

(b)property specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the property.]

(4) The application must also state that—

(a)the order is sought for the purposes of the external investigation,

(b)the order is sought in relation to material, or material of a description, specified in the application,

(c)a person specified in the application appears to be in possession or control of the material.

(5) A production order is an order either—

(a)requiring the person the application for the order specifies as appearing to be in possession or control of the material to produce it to a proper person for the proper person to take away, or

(b)requiring that person to give a proper person access to the material,

within the period stated in the order.

(6) The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances.

Textual Amendments

Commencement Information

I1Art. 40 in force at 11.11.2013, see art. 1(1)

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