Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Valid from 01/07/2010

SCHEDULE 4 S Modifications of enactments relating to admiralty actions and the arrestment of ships

Factors affecting arrestments S

9 S After section 47B of the 1956 Act (as inserted by paragraph 8 above), insert—

“47C Competence of arresting cargo

(1) It is not competent to execute an arrestment of cargo unless the cargo is on board a ship when the arrestment is executed.

(2) For the avoidance of doubt, it is competent to execute an arrestment of cargo where it is in the possession of the defender or of a person acting on behalf of the defender.

47D Arrestment of cargo: restriction on movement of ship

Where cargo is arrested, the ship is treated as if arrested until the cargo is unloaded.”.