Part 8Investigations

Chapter 3Scotland

Production orders

I1386 Supplementary

1

An application for a production order or an order to grant entry may be made ex parte to a sheriff in chambers.

2

Provision may be made by rules of court as to the discharge and variation of production orders and orders to grant entry.

3

Rules of court under subsection (2) relating to production orders and orders to grant entry—

a

made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46) be made by act of adjournal;

b

made in a civil recovery investigation F1or a detained cash investigation shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58) be made by act of sederunt.

4

An application to discharge or vary a production order or an order to grant entry may be made to the sheriff by—

a

the person who applied for the order;

b

any person affected by the order.

5

The sheriff may—

a

discharge the order;

b

vary the order.