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s 95

Property (seizure and delivery) order

In force
Part 5Enforcing non‑monetary judgments
Division 1Judgments requiring property to be given up

95 Property (seizure and delivery) order

(1)

In order to enforce a judgment to which this Division applies, a person entitled to the benefit of the judgment may apply to the court for an order, addressed to the sheriff, authorising the sheriff to seize the property concerned and deliver possession of it to the person.

(2)

The court may make such an order and may do so on terms as to costs or otherwise.

(3)

When or after making a property (seizure and delivery) order the court may make any necessary ancillary or consequential order and may do so on terms as to costs or otherwise.

(4)

When or after making a property (seizure and delivery) order, the court may make an enforcement order under Part 4 for the purpose of enforcing the payment of —

(a)

the enforcement costs associated with the property (seizure and delivery) order; and

(b)

the value of the property concerned, as assessed by the court, if the property cannot be seized under the property (seizure and delivery) order.

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