Paragraph 16

Scotland

(1)

On the application of the Lord Advocate, the Court of Session may, in respect of—

(a)

heritable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order; and

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Subject to the provisions of this Part of this Schedule, a warrant under sub-paragraph (1) above—

(a)

shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

(b)

F2. . ., shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the register of inhibitions and adjudications.

(3)

Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under sub-paragraph (1)(a) above as that section applies to an inhibition by separate letters or contained in a summons.

(4)

In the application of section 158 of the said Act of 1868 (recall of inhibition) to such inhibition as is mentioned in sub-paragraph (3) above, references in that section to a particular Lord Ordinary shall be construed as references to any Lord Ordinary.

(5)

That an inhibition F3. . .has been executed under sub-paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

(6)

No inhibition . . . executed under sub-paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such inhibition . . .has been granted has ceased to have effect in respect of that property, and the Lord Advocate shall—

(a)

apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and

(b)

ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.

Annotations

Textual amendments

F1: Sch. 4 para. 16(1)(b) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 para. 189(2)(a), Sch. 7 Pt. II; S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2)
F2: Words in Sch. 4 para. 16(2)(b) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 para. 189(2)(b), Sch. 7 Pt. II; S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2)
F3: Words in Sch. 4 para. 16(5)(6) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 para. 189(2)(c), Sch. 7 Pt. II; S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2)

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)