Part 8Investigations
Chapter 3Scotland
Account monitoring orders
I1404 Account monitoring orders
1
The sheriff may, on an application made to him by the appropriate person, make an account monitoring order if he is satisfied that each of the requirements for the making of the order is fulfilled.
F11A
No application for an account monitoring order may be made in relation to a detained cash investigation F5, a detained property investigation or a frozen funds investigation.
2
In making an account monitoring order in relation to F2... a civil recovery investigation, the sheriff shall act in the exercise of his civil jurisdiction.
3
The application for an account monitoring order must state that—
a
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The application must also state that—
a
the order is sought for the purposes of the investigation;
b
the order is sought against the financial institution specified in the application in relation to account information of the description so specified.
5
Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).
6
The application for an account monitoring order may specify information relating to—
a
all accounts held by the person specified in the application for the order at the financial institution so specified,
b
a particular description, or particular descriptions, of accounts so held, or
c
a particular account, or particular accounts, so held.
C1C27
An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to the proper person in the manner, and at or by the time or times, stated in the order.
8
The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.