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Page 87, leave out lines 18 to 20 and insert:
("( ) Paragraphs (a) and (b) of subsection (1) and subsections (2) to (5) of section (Inhibition of property affected by restraint order or by interdict) of this Act shall, subject to any necessary modifications, apply for the purposes of subsection (10) (a) above as they apply for the purposes of that section.
( ) Subsections (2) to (7) of section (Arrestment of property affected by restraint order) of this Act shall, subject to any necessary modifications, apply for the purposes of subsection (10) (b) above as they apply for the purposes of that section.").

On Question, amendment agreed to.

Schedule 2 [Administrators]:

Lord Rodger of Earlsferry moved Amendment No. 14:


Page 98, line 18, leave out ("section 88") and insert ("sections (Inhibition of property affected by restraint order or by interdict) and (Arrestment of property affected by restraint order)").

On Question, amendment agreed to.

14 Feb 1995 : Column 586

Schedule 3 [Sequestration etc. of Persons Holding Realisable or Forfeiture Property]:

Lord Rodger of Earlsferry moved Amendments Nos. 15 to 17:


Page 100, line 18, leave out ("92") and insert ("(Arrestment of Scottish property affected by order registered under section 90)").
Page 101, line 17, leave out ("92") and insert ("(Arrestment of Scottish property affected by order registered under section 90)").
Page 102, line 21, leave out ("92") and insert ("(Arrestment of Scottish property affected by order registered under section 90)").

On Question, amendments agreed to.

Schedule 4 [Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II]:

Lord Rodger of Earlsferry moved Amendments Nos. 18 and 19:


Page 115, leave out from beginning of line 40 to end of line 36 on page 116 and insert:
("(a) in subsection (1), paragraph (b) and in paragraph (ii), the words "where granted under subsection (1) (a) above,", shall cease to have effect;
(b) in subsections (4) and (5), the words "or arrestment", in each place where they occur, shall cease to have effect; and
(c) subsection (6) shall cease to have effect.
. After section 11 there shall be inserted the following section—

"Arrestment of property affected by restraint order.

11A.—(1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.
(2) A warrant under subsection (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.
(3) The fact that an arrestment has been executed under subsection (2) 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.
(4) No arrestment executed under subsection (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 prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.".").
Page 119, line 35, leave out from ("following") to end of line 49 on page 120 and insert ("sections—
Inhibition of Scottish property affected by order registered under section 27.

28A.—(1) On the application of the Lord Advocate, the Court of Session may in respect of heritable realisable property in Scotland affected by a restraint order registered under section 27 of this Act (whether such property generally or particular such property) grant warrant for inhibition against any person with an interest in that property; and the warrant—
(a) 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;
(b) shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the Register of Inhibitions and Adjudications.
(2) Section 155 of the Titles 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 as that section applies to an inhibition by separate letters or contained in a summons.

14 Feb 1995 : Column 587


(3) In the application of section 158 of that Act of 1868 (recall of inhibition) to such an inhibition as is mentioned in subsection (2) above, references in that section to a particular Lord Ordinary shall be construed as references to any Lord Ordinary.
(4) The fact that an inhibition has been executed under subsection (1) above, in respect of property shall not prejudice the exercise of a receiver's powers under or for the purposes of section 8, 11 or 12 of the Drug Trafficking Offences Act 1986 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 Lord Advocate 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 and Adjudications.
(6) Any power of the Court of Session to recall, loose or restrict inhibitions shall, in relation to an order containing an inhibition under subsection (1) above and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 13 of the Drug Trafficking Offences Act 1986.
Arrestment of Scottish property affected by order registered under section 27.

28B.—(1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order registered under section 27 of this Act (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.
(2) A warrant under subsection (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.
(3) The fact that an arrestment has been executed under subsection (2) above in respect of property shall not prejudice the exercise of a receiver's powers under or for the purposes of section 8, 11 or 12 of the Drug Trafficking Offences Act 1986 in respect of that property.
(4) No arrestment executed under subsection (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 prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.
(5) Any power of the Court of Session to recall, loose or restrict arrestments shall, in relation to an arrestment proceeding upon a warrant under subsection (1) above and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 13 of the Drug Trafficking Offences Act 1986.
(6) For the purposes of this section, "prosecutor" includes, where an order has been made by virtue of subsection (2) of section 7 of the Drug Trafficking Offences Act 1986 and the information mentioned in that subsection has not yet been laid, the person as regards whom the court which made the order was satisfied as is mentioned in subsection (3) (b) of the said section 7.".").

On Question, amendments agreed to.

Schedule 5 [Minor and Consequential Amendments]:

Lord Rodger of Earlsferry moved Amendments Nos. 20 to 23:


Page 129, line 43, at end insert:

14 Feb 1995 : Column 588


(" . In section 274(5) (e) (record of proceedings at trial), for the words "summing up by the judge" there shall be substituted "judge's charge to the jury".").
Page 136, leave out lines 13 to 26.
Page 138, line 21, leave out ("or 92") and insert (", (Inhibition of Scottish property affected by order registered under section 90) or (Arrestment of Scottish property affected by order registered under section 90)").
Page 139, line, 39 leave out paragraph 108 and insert:
(" .—(1) Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders) shall be amended as follows.
(2) In paragraph 16—
(a) in sub-paragraph (1), paragraph (b) shall cease to have effect;
(b) in sub-paragraph (2) (b), the words "where granted under sub-paragraph (1) (a) above," shall cease to have effect; and
(c) in sub-paragraphs (5) and (6), the words "or arrestment", in each place where they occur, shall cease to have effect.
(3) After paragraph 16 there shall be inserted the following paragraph—
"16A.—(1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.
(2) A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.
(3) The fact that an arrestment has been executed under sub-paragraph (2) 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 Schedule in respect of that property.
(4) No arrestment executed under sub-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 prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.".")

On Question, amendments agreed to.

Schedule 6 [Repeals]:


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