Production OrdersS
40.—(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.
[F1(3) 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.
Textual Amendments
F1Art. 40(3) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 16
Commencement Information