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Part 3 SConfiscation: Scotland

Restraint orders etcS

127 Restraint orders: restriction on proceedings and remediesS

(1)While a restraint order has effect, the court may sist any action, execution or any legal process in respect of the property to which the order applies.

(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 a restraint order has been made or applied for or made in respect of the 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 applicant for the restraint order;

(b)any administrator appointed under section 125.

Commencement Information

I1S. 127 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)