OpenLegislation

Article 86 Administrators: restrictions on proceedings and remediesI1

United Kingdom

(1)

Where an administrator is appointed under article 73, the court may sist any action, execution or other legal process in respect of the property to which the order appointing the administrator relates.

(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 an application has been made for the appointment of an administrator or that an administrator has been appointed in relation to that property, the court may either sist the proceedings or allow them to continue on any terms it thinks fit.

(3)

Before exercising any power conferred by paragraph (2) the court must give an opportunity to be heard to—

(a)

the Lord Advocate;

(b)

if appointed, the administrator.

Annotations

Commencement

I1

Art. 86 in force at 1.1.2006, see art. 1