The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1991

Arrestment of property affected by restraint order

8.—(1) On the application of the Lord Advocate, the Court of Session may, in respect of property in Scotland affected by a restraint order (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.

(2) Subject to the provisions of this Order, such warrant 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.

(3) That an arrestment has been executed under paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Order in respect of that property.

(4) No arrestment executed under paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall apply for the recall, or as the case may be restriction, of the arrestment accordingly.