138 Administrators: restriction on proceedings and remediesS
(1)Where an administrator is appointed under section 128, 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 subsection (2) the court must give an opportunity to be heard to—
(a)the prosecutor;
(b)if appointed, the administrator.
Modifications etc. (not altering text)
C1Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Commencement Information
I1S. 138 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)