Part 8Investigations
Chapter 3Scotland
F1Unexplained wealth orders: interim freezing of property
396PReceivers in connection with interim freezing orders
1
This section applies where the Court of Session makes an interim freezing order on an application by the Scottish Ministers.
2
The Court of Session may, on an application by the Scottish Ministers, by order appoint a receiver in respect of any property to which the interim freezing order applies.
3
An application under subsection (2) may be made at the same time as the application for the interim freezing order or at any time afterwards.
4
The application may be made without notice if the circumstances of the case are such that notice of the application would prejudice the right of the Scottish Ministers to obtain a recovery order in respect of the property.
5
In their application the Scottish Ministers must nominate a suitably qualified person for appointment as a receiver.
6
The person nominated may be a member of staff of the Scottish Ministers.
7
The Scottish Ministers may apply a sum received by them under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.
8
Subsection (7) does not apply in relation to the remuneration of the receiver if that person is a member of staff of the Scottish Ministers (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the Scottish Ministers).
Ss. 396J-396S inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 5, 58(1)(6); S.I. 2018/78, reg. 3(a)