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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 47A – Execution of warrant to arrest in rem and of order for sale

779.Section 47A(1) provides that the warrant may be executed either within the territorial jurisdiction of the sheriff court from which the warrant was granted, or anywhere in Scotland provided the ship, cargo or maritime property was within the territorial jurisdiction of the sheriff court which granted the warrant, when the warrant was granted.

780.Subsection (2) makes it clear that an order for the sale of an arrested ship may be made in respect of a ship even although the ship is not situated in the sheriffdom when the order is made, where a warrant for arrestment in rem granted by the sheriff has been executed.

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