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Paragraph 49.11 Forms for diligence in admiralty actionsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the execution of diligence in an Admiralty action, the following forms shall be used—

(a)

in the case of—

(i)

an arrestment to found jurisdiction (other than the arrestment of a ship), a schedule in Form 49.11-A and a certificate of execution in Form 49.11-E;

(ii)

an arrestment of a ship to found jurisdiction, a schedule in Form 49.11-AA and a certificate of execution in Form 49.11-F;

(b)

subject to subparagraph (e), in the case of an arrestment on the dependence, a schedule in Form G4B and a certificate of execution in Form 49.11-E;

(c)

in the case of an arrestment in rem of a ship, cargo or other maritime res to enforce a maritime hypothec or lien, a schedule in Form 49.11-B and a certificate of execution in Form 49.11-G;

(d)

in the case of an arrestment in rem of a ship to enforce a non-pecuniary claim, a schedule in Form 49.11-C and a certificate of execution in Form 49.11-G;

(e)

in the case of an arrestment on the dependence of—

(i)

a cargo on board a ship, a schedule in Form G4B;

(ii)

a ship, a schedule in Form 49.11-D,

and a certificate of execution in Form 49.11-H.

(2)

Where two or more of the arrestments mentioned in paragraph (1)(a), (b) and (c) are to be executed, they may be combined in one schedule of arrestment.

Annotations

Textual amendments

F1

Sch. 1 Ch. 49 inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(4)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5