PART 2
Production OrdersI140
1
The sheriff may, on an application made to the sheriff by the Scottish Ministers, make a production order if the sheriff is satisfied that each of the requirements for the making of the order is fulfilled.
2
In making a production order the sheriff shall act in exercise of the sheriff’s civil jurisdiction.
F13
The application for a production order must state that—
a
a person specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the person; or
b
property specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the property.
4
The application must also state that—
a
the order is sought for the purposes of the external investigation,
b
the order is sought in relation to material, or material of a description, specified in the application,
c
a person specified in the application appears to be in possession or control of the material.
5
A production order is an order either—
a
requiring the person the application for the order specifies as appearing to be in possession or control of the material to produce it to a proper person for the proper person to take away, or
b
requiring that person to give a proper person access to the material,
within the period stated in the order.
6
The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances.