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Paragraph 12

Scotland

(1)

Where an administrator appointed under paragraph 11 above takes any action—

(a)

in relation to property which is not subject to forfeiture, being action which he would be entitled to take if it were such property;

(b)

believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

(2)

An administrator appointed under paragraph 11 above shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate.

(3)

The accountant of court shall supervise an administrator appointed under paragraph 11 above in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph.

Notes on the whole Act

Textual amendments

F1

Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Schedule 4

Modifications

C1

Sch. 4 applied (with modifications) by 1998 c. 40, s. 4(7)