Modifications etc. (not altering text)
C1Pt. III modified (1.5.1998) by S.I. 1998/752, art. 3(1)
Pt. III (ss. 28-34) applied (with modifications) (1.5.1999) by S.I. 1999/673, art. 4, Sch. 3 paras. 13-17
Pt. III (ss. 28-34) applied (with modifications) (1.5.1999) by S.I. 1999/675, art. 4, Sch. 3 paras. 8-12
(1)On the application of the [F1prosecutor, the court] may in respect of heritable realisable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order or, in relation to that property, under section 28(8) of this Act; and subject to the provisions of this Part of this Act, the warrant—
(a)shall have effect as if granted on the dependence of an action for debt at the instance of the [F2prosecutor] against the person and may be executed, recalled, loosed or restricted accordingly; and
(b)shall [F3forthwith be registered by the prosecutor in the Register of Inhibitions.].
(2)Section 155 of the M1Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under subsection (1) above F4. . . .
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The fact that an inhibition has been executed under subsection (1) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Act in respect of that property.
(5)No inhibition executed under subsection (1) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for the inhibition has been granted has ceased to have effect in respect of that property; and the [F6prosecutor] shall—
(a)apply for the recall, or as the case may be restriction, of the inhibition; and
(b)ensure that the recall, or restriction, of an inhibition on such application is reflected in the Register of Inhibitions F7. . . .
Textual Amendments
F1Words in s. 32(1) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(i) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)
F2Words in s. 32(1)(a) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(ii) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)
F3Words in s. 32(1)(b) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(a)(iii) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)
F4Words in s. 32(2) repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3, Sch. 2 (with arts. 4-6)
F5S. 32(3) repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3, Sch. 2 (with arts. 4-6)
F6Words in s. 32(5) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 22(b) (with s. 223); S.S.I. 2009/67, art. 3, Sch. 1 (with arts. 4-6)
F7Words in s. 32(5)(b) repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3, Sch. 2 (with arts. 4-6)
Marginal Citations