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International Criminal Court (Scotland) Act 2001

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This is the original version (as it was originally enacted).

Power to appoint receiver

This section has no associated Explanatory Notes

5(1)The powers conferred by this paragraph may be exercised if a freezing order is in force.

(2)The Court of Session may at any time appoint a receiver—

(a)to take possession of any property specified in the order; and

(b)in accordance with the court’s directions, to manage or otherwise deal with the property in respect of which the receiver is appointed,

subject to such exceptions and conditions as may be specified by the court.

(3)The Court of Session may require any person having possession of property in respect of which a receiver is appointed under this paragraph to give possession of it to the receiver.

(4)The powers conferred on a receiver by this paragraph shall be exercised with a view to securing that the property specified in the order is available for satisfying the forfeiture order or, as the case may be, any forfeiture order that may be made in the ICC proceedings in relation to which the order was made.

(5)A receiver appointed under this paragraph shall not be liable to any person in respect of any loss or damage resulting from any action which the receiver believed on reasonable grounds that the receiver was entitled to take, except in so far as the loss or damage is caused by the receiver’s negligence.

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