New Clause 4 - Appeals

Proceeds of Crime Bill – in a Public Bill Committee at 4:45 pm on 6 December 2001.

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'(1) If on an application for an order under section 127 or 129 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision.

(2) If the court makes an order under section 127 or 129 the following persons may appeal to the Court of Session in respect of the court's decision—

(a) the prosecutor;

(b) any person affected by the order.

(3) If on an application for an order under section 136 the court decides not to make one, the person who applied for the order may appeal to the Court of Session against the decision.

(4) If the court makes an order under section 136, the following persons may appeal to the Court of Session in respect of the court's decision—

(a) the person who applied for the order;

(b) any person affected by the order;

(c) the administrator.

(5) The following persons may appeal to the Court of Session against a decision of the court on an application under section (Recall and variation of order)—

(a) the person who applied for the order in respect of which the application was made;

(b) any person affected by the court's decision;

(c) the administrator.

(6) On an appeal under this section the Court of Session may—

(a) confirm the decision, or

(b) make such order as it believes is appropriate.'.—[Mr. Foulkes.]

Brought up, read the First and Second time, and added to the Bill.