Article 141ZI Arrestment of property affected by prohibition orderF1
On the application of the Scottish Ministers the court may, in relation to moveable property to which a prohibition order applies (whether generally or to such of it as is specified in the application), grant warrant for arrestment.
An application under paragraph (1) may be made at the same time as the application for the prohibition order or at any time thereafter.
A warrant for arrestment may only be granted under paragraph (1) if the property would be arrestable if the person entitled to it were a debtor.
A warrant under paragraph (1) has effect as if granted on the dependence of an action for debt at the instance of the Scottish Ministers against the person and may be executed, recalled, loosed or restricted accordingly.
An arrestment executed under this article ceases to have effect when, or in so far as, the prohibition order ceases to apply in respect of the property to which the warrant for arrestment was granted.
If an arrestment ceases to have effect to any extent by virtue of paragraph (5) the Scottish Ministers must apply to the court for an order recalling or, as the case may be, restricting the arrestment.
Annotations
Textual amendments
- F1
Pts. 4A, 4B inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3