OpenLegislation

Article 164 Prohibitory property orders: restriction on proceedings and remediesI1

United Kingdom

(1)

While a prohibitory property order has effect the court may sist any action, execution or other legal process in respect of the property to which the order applies.

(2)

If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that a prohibitory property order has been applied for or made in respect of the property, it may either sist the proceedings or allow them to continue on any terms it thinks fit.

(3)

Before exercising any power conferred by this article, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court’s decision.

Annotations

Commencement

I1

Art. 164 in force at 1.1.2006, see art. 1