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Criminal Justice (Scotland) Act 1995

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Status:

Point in time view as at 31/03/1996.

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1995, Paragraph 13. Help about Changes to Legislation

13SAfter section 11 there shall be inserted the following section—

11A Arrestment of property affected by restraint order.

(1)On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

(2)A warrant under subsection (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.

(3)The fact that an arrestment has been executed under subsection (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Act in respect of that property.

(4)No arrestment executed under subsection (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly..

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