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

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

Location of a ship when arrestment executed S

11 S In section 47 of the 1956 Act—

(a) after subsection (5), insert—

“(5A) Subject to subsection (6) below, it is competent to execute an arrestment of a ship, cargo or other maritime property regardless of whether the ship or other maritime property is in non-tidal or tidal waters or on land.

(5B) In subsection (5A) above, “tidal waters” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides.”; and

(b) in subsection (6), for the words from “Nothing” to “of”, where it second occurs, substitute, “ It is not competent to execute an arrestment of a ship or cargo on board ”.

Commencement Information

I1 Sch. 4 para. 11 in force at 1.7.2010 by S.S.I. 2010/249, art. 2 (with art. 3)