The Proceeds of Crime Act 2002 (External Investigations) Order 2013

• (b) there has been a serious default on the part of the Scottish Ministers in applying for the order, and

• (c) the order would not have been made had the default not occurred.

• (4) Where the court orders the payment of compensation—

• (a) the compensation is payable by the Scottish Ministers, and

• (b) the amount of the compensation to be paid is the amount that the court thinks reasonable, having regard to the loss suffered and any other relevant circumstance.

Search warrants

Requirements where production order not available

Further provisions: general

Disclosure orders

Requirements for making of disclosure order

Offences

Statements

Further provisions

Supplementary

Customer information orders

Meaning of customer information

Requirements for making of customer information order

Offences

Statements

Further Provisions

Supplementary

Account monitoring orders

Requirements for making an account monitoring order

Statements

Further provisions

Supplementary

Jurisdiction of sheriff

Code of Practice

Performance of functions of Scottish Ministers by constables in Scotland

Citation, commencement and extent

Unexplained wealth orders ...

Supplementary: Northern Ireland

21GA

• (1) An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—

• (a) the enforcement authority, or

• (b) the respondent or any specified responsible officer.

• (2) The High Court in Northern Ireland—

• (a) may discharge the order;

• (b) may vary the order.

Unexplained wealth order: application for interim freezing order

Variation and discharge of interim freezing order

Exclusions

Restrictions on proceedings and remedies

Receivers in connection with interim freezing orders

Powers of receivers appointed under article 21L

Supervision of article 21L receiver and variations

Registration

Compensation

Customer information orders

Meaning of customer information

Requirements for making of customer information order

Offences

Statements

Disclosure of information

Supplementary

Account monitoring orders

Requirements for making of account monitoring order

Statements

Applications

Disclosure of information

Supplementary

Codes of Practice

Costs orders

21Q

• (1) This article applies in the following cases—

• (a) an enforcement authority has made an application for an unexplained wealth order under article 21A;

• (b) an application has been made to discharge or vary an unexplained wealth order;

• (c) an enforcement authority has made an application for an interim freezing order under article 21H;

• (d) an application has been made to discharge or vary an interim freezing order;

• (e) an application has been made in the circumstances referred to in article 21K to—

• (i) stay an action, execution or other legal process,

• (ii) grant leave to levy distress or use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)[^f00006],

• (iii) stay proceedings in respect of property or allow them to continue, or

• (iv) grant leave to exercise a right of forfeiture in relation to a tenancy;

• (f) an enforcement authority has made an application for an order for the appointment of a receiver under article 21L;

• (g) an enforcement authority has made an application for an order under article 21M (powers of receiver);

• (h) an application has been made for directions to a receiver under article 21N;

• (i) an application has been made to discharge or vary—

• (i) the appointment of a receiver under article 21L,

• (ii) an order under article 21M, or

• (iii) directions under article 21N;

• (j) an application has been made for compensation under article 21P;

• (k) the High Court has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (j) may be made for;

• (l) an application has been made for permission to appeal in relation to anything mentioned in sub-.paragraphs (a) to (k).

• (2) The court may not make an order that any costs of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—

• (a) the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or

• (b) the authority acted dishonestly or improperly in the course of the proceedings.

Customer information orders

Meaning of customer information

Requirements for making of customer information order

Offences

Statements

Disclosure of information

Supplementary

Account monitoring orders

Requirements for making of account monitoring order

Statements

Applications

Disclosure of information

Supplementary

Codes of Practice

Expenses orders

46S

• (1) This article applies in the following cases—

• (a) the Scottish Ministers have made an application for an unexplained wealth order under article 46A;

• (b) an application has been made to discharge or vary an unexplained wealth order;

• (c) the Scottish Ministers have made an application for an interim freezing order under article 46I;

• (d) an application has been made to vary or recall an interim freezing order;

• (e) an application has been made in the circumstances referred to in article 46L to—

• (i) sist an action, execution or other legal process, or

• (ii) sist proceedings in respect of property or allow them to continue;

• (f) the Scottish Ministers have made an application under article 46M (arrestment of property affected by interim freezing order);

• (g) the Scottish Ministers have made an application under article 46N (inhibition of property affected by interim freezing order);

• (h) the Scottish Ministers have made an application for an order for the appointment of a receiver under article 46O (receivers in connection with interim freezing orders);

• (i) the Scottish Ministers have made an application for an order under article 46P (powers of receiver);

• (j) an application has been made for directions to a receiver under article 46Q (supervision of article 46O);

• (k) an application has been made to vary or recall—

• (i) the appointment of a receiver under article 46O,

• (ii) an order under article 46P, or

• (iii) directions under article 46Q;

• (l) an application has been made for compensation under article 46R;

• (m) the Court of Session has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (l) may be made for;

• (n) an application has been made for permission to appeal in relation to anything mentioned in sub-paragraphs (a) to (m).

• (2) The court may not make an order that any expenses of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by the Scottish Ministers or the Lord Advocate to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—

• (a) the Scottish Ministers or the Lord Advocate acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or

• (b) the Scottish Ministers or the Lord Advocate acted dishonestly or improperly in the course of the proceedings.

Search warrants

Requirements where production order not available

Further provisions: general

Disclosure orders

Requirements for making of disclosure order

Offences

Statements

Further provisions

Supplementary

Customer information orders

Meaning of customer information

Requirements for making of customer information order

Offences

Statements

Further Provisions

Supplementary

Account monitoring orders

Requirements for making an account monitoring order

Statements

Further provisions

Supplementary

Jurisdiction of sheriff

Code of Practice

Performance of functions of Scottish Ministers by constables in Scotland