Article 61 Inhibition of property affected by orderI1
United Kingdom
On the application of the Lord Advocate, the court may, in relation to the property mentioned in paragraph (2), grant warrant for inhibition against any person specified in a restraint order.
That property is the heritable realisable property to which the restraint order applies (whether generally or such of it as is specified in the application).
The warrant for inhibition—
has effect as if granted on the dependence of an action for debt by the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly, and
has the effect of letters of inhibition and must forthwith be registered by the Lord Advocate in the Register of Inhibitions and Adjudications.
Section 155 of the Titles to Land Consolidation (Scotland) Act 1868f1 (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under paragraph (1) as it applies to an inhibition by separate letters or contained in a summons.
The execution of an inhibition under this article in respect of property does not prejudice the exercise of an administrator’s powers under or for the purposes of this Part in respect of that property.
An inhibition executed under this article ceases to have effect when, or in so far as, the restraint order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted.
If an inhibition ceases to have effect to any extent by virtue of paragraph (6) the Lord Advocate must—
apply for the recall or, as the case may be, the restriction of the inhibition, and
ensure that the recall or restriction is reflected in the Register of Inhibitions and Adjudications.
Annotations
Commencement
Footnotes
- f1