Textual Amendments
F1Ss. 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)
(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).]