Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Determination of application for release of cash

3.6.3—(1) An application under section 42(6) of the Act (release of detained cash) shall be made–

(a)prior to the making of an application for an order under section 42(2) of the Act, by summary application; or

(b)subsequent to the making of such an application, by minute in the original process.

(2) On the lodging of an application in accordance with paragraph (1), the sheriff shall–

(a)fix a date for a hearing; and

(b)order service of the application together with notice of such hearing on the Procurator Fiscal and any other person whom he considers may be affected by the granting of such an application.