Criminal Justice (Scotland) Act 1987

11 Inhibition and arrestment of property affected by restraint order or by interdict under section 12.S

(1)On the application of the Lord Advocate, the Court of Session may, in respect of—

(a)heritable realisable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order or, in relation to that property, under section 12 of this Act;

(b)moveable realisable property so affected (whether such property generally or particular such property) grant warrant for arrestment if the property would be arrestable were the person entitled to it a debtor;

and, subject to the provisions of this Part of this Act, the warrant—

(i)shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly;

(ii)where granted under subsection (1)(a) above, shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the register of inhibitions and adjudications.

(2)Section 155 of the Titles M1to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under subsection (1)(a) above as that section applies to an inhibition by separate letters or contained in a summons.

(3)In the application of section 158 of the said Act of 1868 (recall of inhibition) to such inhibition as is mentioned in subsection (2) above, references in that section to a particular Lord Ordinary shall be construed as references to any Lord Ordinary.

(4)That an inhibition or arrestment has been executed under subsection (1) 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.

(5)No inhibition or arrestment executed under subsection (1) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such inhibition or arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall—

(a)apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and

(b)ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.

(6)The foregoing provisions of this section shall apply in relation to an order made under section 8 of the M2Drug Trafficking Offences Act 1986 and registered under section 28 of this Act (a “relevant order”) as they apply to a restraint order; but as if—

(a)for any reference to the Lord Advocate there were substituted a reference to the prosecutor or, in a case where the order was made by virtue of subsection (2) of section 7 of that Act and the information [F1in respect of the charge]mentioned in that subsection has not yet been laid, to the person as regards whom the court which made the order was satisfied as is mentioned in subsection (3)(b) of that section;

(b)any reference to realisable property fell to be construed in accordance with section 5 of that Act (references in that section to the defendant, and to the time at which proceedings were instituted against him, being in such case as is mentioned in paragraph (a) above taken to be, respectively, references to the person as regards whom the court which made the order was satisfied as is mentioned in subsection (2) of the said section 7 and to the time immediately before the order was made);

(c)for any reference to a restraint order there were substituted a reference to a relevant order;

(d)in subsection (1)(a), for the words “interdicted by the order or, in relation to that property, under section 12 of this Act” there were substituted the words “with an interest in that property”;

(e)in subsection (1), for the words “Part of this Act” there were substituted the word “section”;

(f)in subsection (1)(i), after the word “and” there were inserted the words “subject to subsection (3A) below”;

(g)after subsection (3) there were inserted the following subsection—

“(3A)Any power of the Court of Session to recall, loose or restrict inhibitions or arrestments shall, in relation to an inhibition or arrestment proceeding upon a warrant under this section and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 13 of the Drug Trafficking Offences Act 1986.”; and

(h)in subsection (4)—

(i)for the reference to an administrator there were substituted a reference to a receiver; and

(ii)for the words “this Part of this Act” there were substituted the words “section 8, 11 or 12 of the said Act of 1986”.