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Paragraph 49.9 Arrestment of ships and arrestment in rem of cargo on board shipF1

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

(1)

An arrestment of a ship in rem or on the dependence, or an arrestment in rem of cargo on board ship, may be executed on any day by a sheriff officer who shall affix the schedule of arrestment—

(a)

to the mainmast of the ship;

(b)

to the single mast of the ship; or

(c)

where there is no mast, to some prominent part of the ship.

(2)

In the execution of an arrestment of a ship on the dependence, the sheriff officer shall, in addition to complying with paragraph (1), mark the initials “ER” above the place where the schedule of arrestment is fixed.

(3)

On executing an arrestment under paragraph (1), the sheriff officer shall deliver a copy of the schedule of arrestment and a copy of the certificate of execution of it to the master of the ship, or other person on board in charge of the ship or cargo, as the case may be, as representing the owners or demise charterers of, or parties interested in, the ship or the owners of the cargo, as the case may be.

(4)

Where the schedule of arrestment and the copy of the certificate of execution of it cannot be delivered as required under paragraph (3)—

(a)

the certificate of execution shall state that fact; and

(b)

either—

(i)

the arrestment shall be executed by serving it on the harbour master of the port where the ship lies; or

(ii)

where there is no harbour master, or the ship is not in a harbour, the pursuer shall enrol a motion for such further order as to intimation and advertisement, if any, as may be necessary.

(5)

A copy of the schedule of arrestment and a copy of the certificate of execution of it shall be delivered by the sheriff officer to the harbour master, if any, of any port where the ship lies.

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