OpenLegislation

Paragraph 16A F1

Scotland

(1)

On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

(2)

A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.

(3)

The fact that an arrestment 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.

(4)

No arrestment 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 arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

Annotations

Textual amendments

F1

S. 16A inserted (31.3.1996) by 1995 c. 20, s. 117(1), Sch. 6 para. 189(3); S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2) (which 1995 Act was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 16)) and the same s. 16A inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 72(3)(b)

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Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2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