Bankruptcy and Diligence etc. (Scotland) Act 2007

Location of a ship when arrestment executed

This section has no associated Explanatory Notes

11In 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”.