Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) (No. 2) 2019

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session 1994 (“the 1994 Rules”) and the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”) in consequence of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018.

That Order amends the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the 2005 Order”) and the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (“the 2013 Order”) to insert provision equivalent to that which was inserted by the Criminal Finances Act 2017 (c.22) into the Proceeds of Crime Act 2002 (c.29). The majority of the amendments made by this Act of Sederunt accordingly make equivalent provision to those which were made in implement of the Criminal Finances Act 2017.

Paragraph 2(2) makes provision in respect of forfeiture of property cases transferred to the Court of Session from the sheriff under article 213O of the 2005 Order. Paragraph 2(4) inserts a new definition into rule 76.27 of the 1994 Rules and extends the application of that Part of Chapter 76 of the 1994 Rules so it applies to applications made under Part 4B of the 2005 Order and articles 46A to 46R of the 2013 Order. Paragraph 2(5) makes provision for new types of application which can be made under the 2005 Order. Paragraphs 2(6) and (8) omit rule and form 76.36A as the same result is instead achieved administratively by the petition containing a prayer seeking warrant for service on known but unidentified occupiers. The amendments made by paragraph 2(7) make provision for applications made under the 2013 Order in relation to unexplained wealth orders and interim freezing orders, and make corrective provision for a minor cross-reference error.

Paragraph 3(2)(a) inserts definitions for the purposes of Part XIX of Chapter 3 of the 1999 Rules. Paragraph 3(2)(b) corrects errors made by paragraph 3(3)(a) of the Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146). Paragraph 3(2)(c) expands the application of the Part to include applications made under Parts 5A and 5B of the 2005 Order. Paragraph 3(3), (5) and (7) make provision for new types of application which can be made under the 2005 Order. Paragraph 3(4) makes provision for the registration of an external order requested under article 213L(1) of the 2005 Order.