Applications under section 1 of the Administration of Justice (Scotland) Act 19725
1
The Rules are amended in accordance with the following subparagraphs.
2
In rule 64.9 (duties of commissioner)8, in paragraph (c), after “legal advice” insert “and to ask the court to vary or discharge the order”.
3
For rule 64.12 (right of haver to consult)9 substitute—
Right of haver to consult64.12
1
The haver may seek legal or other professional advice of his choice.
2
Where the purpose of seeking this advice is to help the haver to decide whether to ask the court to vary or discharge the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.
3
Where the haver is seeking advice under this rule, he or she must—
a
inform the Commissioner and the petitioner’s agent of that fact;
b
not disturb or remove any listed items;
c
permit the Commissioner to enter the premises, but not to start the search.